Rebutting the Insurrectionary Theory of the Second Amendment

In a special 1-on-1 taped before a live audience as part of the Talking San Diego series (www.talkingsandiego.net) , Harry sits down with Congressman Jamie Raskin to discuss a theory of Second Amendment rights that has proliferated in recent years, including support by elected officials such as Matt Gaetz. That is an insurrectionary theory according to which the Constitution protects the right of the people to keep and bear arms in order to use them against their own government when they perceive the government has become tyrannical. Raskin completely shreds the theory as a matter of history, text, and constitutional structure. He concludes that “the real Constitution rejects the right wing fantasy that random banks of disgruntled armed citizens can claim the powers of the constitutional militia.”

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