Recently, Eugene Volokh, Dave Kopel, Sanford Levinson, and Alan Dershowitz appeared in New York for a debate over whether the Second Amendment has outlived its usefulness. Not surprisingly, with an audience of New York elites, Professor Levinson and Alan Dershowitz, who argued against the Second Amendment having modern usefulness, “won” the debate. It seems I can embed the introduction, but to watch the full debate, click on the “Watch Full Program” at the bottom right.
I would encourage everyone to watch. I think if you really boil away everything about the debate, the folks that think the 2A an anachronism have an abiding faith in the democratic process. Like many of our founders, I am deeply skeptical of it. I’d much rather live under a benevolent constitutional monarch than live under the tyranny of the majority.
The idea that the Second Amendment is an anachronism, and that instead we can be happy with some vague but constitutionally guaranteed right of self-defense strikes me as moving the goal posts. They are saying if we just got rid of this nasty gun business, they’d be happy to concede we had an even less well-defined right to defend ourselves. I’m not buying.
To me, guns are the core of the debate. Maybe in 100 years, particle beam or electromagnetic weapons will be at the core of the debate. But for now that debate is over firearms, which is the current pinnacle in self-defense technology and has been for the past 500 years. You can’t have a debate about the legitimacy of self-defense if you’re arguing to take the most effective means of doing so off the debating table. I can see right through that as if it were a sheet of glass, and so can most everyone else who doesn’t live on the Upper East Side. I’m fine with the idea of including a right of self-defense in any proposed constitution, but given that having effective means of doing so is still very much a political issue, any such constitution damned well needs to have something that looks an awful lot like the Second Amendment. Then we’re right back to the gun debate, which is where we started in the first place.