Author Topic: Stanford law prof: Second Amendment is about restricting gun rights  (Read 322 times)

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Offline Rapunzel

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Stanford law prof: Second Amendment is about restricting gun rights

Posted By Robby Soave On 12:20 AM 01/30/2014


A Stanford University law professor took the view that the Second Amendment permits strong gun control, telling the crowd that “restriction has to be at the core” of the right to carry a gun.

John J. Donohue, a member of the Stanford Law School faculty, made his remarks during a debate with attorney Donald Kilmer, an adjunct professor at Lincoln Law School of San Jose.

“I support the right to self-defense,” said Donohue during the debate, according to The Stanford Review. “But that doesn’t mean that you have a right to high-capacity magazines.”

Donohue explained that the Second Amendment must be interpreted in historical context. The founding fathers had no idea how powerful–and destructive–today’s weapons would become, he said.

He also criticized the argument that the right to bear arms was necessary for American citizens to guard against tyranny.

“It’s fanciful to think that guns in the hands of citizens acts as a realistic check,” said Donohue. “They’re not really trained to do so. And it’s fanciful to think that the military would ever turn on U.S. citizens.”

Kilmer disagreed, saying that citizen militias have waged successful defensive campaigns against armies all over the globe.

He reminded the audience that gun control has historically given dictators free reign to abuse their citizens.

“Taking away citizens’ arms has always been the first step of the greatest human rights violations,” he said. “The mistake of giving up your arms is a mistake you only get to make once.”

The two professors also disagreed about the role of armed citizens during mass shootings. Donohue said more people with guns only leads to catastrophe.

“There are less lethal methods of self-defense, and it’s always a bad idea to ramp up firepower,” he said.

Donohue did not address the fact that most would-be spree killers deliberately target places where they know armed resistance is either unlikely or explicitly prohibited, such as schools and college campuses. (RELATED: Santa Monica’s strict no guns policy questioned after mass shooting)

According to The College Fix, Donohue is a noted critic of the work of John Lott, who wrote “More Guns, Less Crime,” in defense of gun ownership.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline rangerrebew

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Re: Stanford law prof: Second Amendment is about restricting gun rights
« Reply #1 on: January 30, 2014, 05:45:53 AM »
If the professor is correct, then the 1st Amendment must be about limiting free speech. :shrug:  In fact, the Constitution and Bill of Rights must be about limitless authority of big government.
Abraham Lincoln:

There is no grievance that is a fit object of redress by mob law.
--January 27, 1838 Lyceum Address

Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties. And not to Democrats alone do I make this appeal, but to all who love these
great and true principles.
--August 27, 1856 Speech at Kalamazoo, Michigan

Let us then turn this government back into the channel in which the framers of the Constitution originally placed it.
--July 10, 1858 Speech at Chicago

Offline Fishrrman

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Re: Stanford law prof: Second Amendment is about restricting gun rights
« Reply #2 on: January 30, 2014, 11:07:14 PM »
[[ Stanford law prof: Second Amendment is about restricting gun rights ]]

Yeppers!

Just like the First Amendment is about "restricting" speech and religion.

Just like the Fourth Amendment is about "restricting" individual privacy.

Just like the Fifth Amendment is about "restricting" the ownership of private property.

Just like the Tenth Amendment is about "restricting" the rights of the states.

Smart "professor" you are, Mr. Donohue!

As for me, I'd rather sit in the barn and listen to a burro bray for an hour, than endure one of your highly-paid lectures!

Offline rangerrebew

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Re: Stanford law prof: Second Amendment is about restricting gun rights
« Reply #3 on: January 31, 2014, 09:19:45 AM »
I was stationed in Alameda, Cal. in the early 70s and remember half the freshman class at Stanford had to take remedial reading.  Now they have remedial professors, I guess.
Abraham Lincoln:

There is no grievance that is a fit object of redress by mob law.
--January 27, 1838 Lyceum Address

Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties. And not to Democrats alone do I make this appeal, but to all who love these
great and true principles.
--August 27, 1856 Speech at Kalamazoo, Michigan

Let us then turn this government back into the channel in which the framers of the Constitution originally placed it.
--July 10, 1858 Speech at Chicago

Offline Rapunzel

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Re: Stanford law prof: Second Amendment is about restricting gun rights
« Reply #4 on: January 31, 2014, 03:59:00 PM »
I was stationed in Alameda, Cal. in the early 70s and remember half the freshman class at Stanford had to take remedial reading.  Now they have remedial professors, I guess.

Our local junior college has remedial classes for students who want to attend and cannot read or do math after graduating from high school and I read this week in Texas they are dropping Algebra II in high school.
« Last Edit: January 31, 2014, 03:59:19 PM by Rapunzel »
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776


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