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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42 thoughts on “Rebutting the Insurrectionary Theory of the Second Amendment”

  1. I keep asking, does the Constitution as written effectively call for the expulsion of the Supreme Court Justices who aided and abetted Donald Trump's act of insurrection, after the fact and under color of law?

    …or are they too above the law and immune from it.

    Senator Raskin, may the rest of your party in Congress find their steel and hold the line.

    Reply
  2. Boom sticks that shoot lead pellets are obsolete for most purposes. A good compound bow is a superior hunting tool. For defense, drones and missiles are the ruler. From a logistic perspective, guns are more of a liability if you are taking up arms even in a valid insurrection. Just like martial law being instituted in the US is a logistical impossibility. Violence is seldom a step forward for any party to any conflict.

    Reply
  3. Root cause: Nearly half of American citizens have been successfully disinformed, with little or no effectively public counter argument. This is a case where fire must be fought with a bigger fire because of the first ammendment. Educate your freakin citizens, loudly. There is no alternative to that. Do it and you've gone 90% of the distance toward the goals you are looking for.

    Reply
  4. Stop with the Hitler analogy , it’s crazy talk. ❤Trump will be our President on 1-20-25 ❤.

    Try helping the administration to succeed.


    What a concept. 😮😮

    Second ;

    It’s the only way TO unify politics:

    Biden needs to pardon Trump and all 1700 Jan 6th hostages, and pardon judges , lawyers , and DAs/AGs involved in Trump cases. That would take the steam out of Trump’s new administration. Plus what a news story.

    Reply
  5. Stop with the Hitler analogy , it’s crazy talk. ❤Trump will be our President on 1-20-25 ❤.

    Try helping the administration to succeed.


    What a concept. 😮😮

    Second ;

    It’s the only way TO unify politics:

    Biden needs to pardon Trump and all 1700 Jan 6th hostages, and pardon judges , lawyers , and DAs/AGs involved in Trump cases. That would take the steam out of Trump’s new administration. Plus what a news story.

    Reply
  6. It’s leaked : It’s the only way to unify politics:

    Biden needs to pardon Trump and all 1700 Jan 6th hostages, and pardon judges , lawyers , and DAs/AGs involved in Trump cases. That would take the steam out of Trump new administration. Trump can work on fixing the USA after. Plus – what a news story..


    Biden would be talked about forever if he pardons all. Otherwise he’ll be known as the old man who didn’t know his name .

    Reply
  7. 14th amendment swings both ways ;

    The problem is Congressmen do not know the constitutional laws regarding presidential acts or what they can do on presidential oversight.

    The president is immune 100% except Congress can decide that his acts are illegal or immoral. DOJ or court can’t touch a president or ex-president on acts he does during office term . All DOJ cases on Trump will be dropped / dismissed.
    🤔 that said lawfare and aggressive lawsuits can be seen as subversion and rebellion against USA.

    ❤Trump will use 14th amendment to remove congressmen / judges/lawyers that continue illegal prosecutions against USA and a president that has immunity ❤

    ❤ps: get a good lawyer❤😮😂😂

    Reply
  8. A well-regulated militia is a group of citizens who are trained and ready to use firearms to protect themselves and their fellow citizens. The phrase appears in the Second Amendment of the United States Constitution, which states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

    Reply
  9. A well-regulated militia is a group of citizens who are trained and ready to use firearms to protect themselves and their fellow citizens. The phrase appears in the Second Amendment of the United States Constitution, which states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

    The meaning of "well-regulated" in the 18th century was more about the militia being organized, armed, and disciplined, rather than the state controlling the militia. The militia was intended to be prepared to fight and defend the country from threats, such as invasion or government overreach.

    Reply
  10. ❤ In 1780, the people armed themselves as part of a well-regulated militia❤

    A well-regulated militia is a group of citizens who are trained and ready to use firearms to protect themselves and their fellow citizens. The phrase appears in the Second Amendment of the United States Constitution, which states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

    The meaning of "well-regulated" in the 18th century was more about the militia being organized, armed, and disciplined, rather than the state controlling the militia. The militia was intended to be prepared to fight and defend the country from threats, such as invasion or government overreach.

    Reply
  11. In 1780, the people armed themselves as part of a well-regulated militia:
    Individual right to bear arms
    The Founding Fathers believed that individuals had a right to bear arms, which was necessary for a well-regulated militia.
    Militia system
    The militia system was a way to defend the nation against threats without a large standing army. The militia was made up of armed citizens who could be called upon by the government to defend the state.
    Well-regulated
    A well-regulated militia was one that was well-organized, well-armed, and well-disciplined. The processes for training, activating, and deploying the militia should be efficient and orderly.
    The Second Amendment of the United States Constitution states that the right of the people to keep and bear arms shall not be infringed.

    Reply
  12. In 1780, the people armed themselves as part of a well-regulated militia:
    Individual right to bear arms
    The Founding Fathers believed that individuals had a right to bear arms, which was necessary for a well-regulated militia.
    Militia system
    The militia system was a way to defend the nation against threats without a large standing army. The militia was made up of armed citizens who could be called upon by the government to defend the state.
    Well-regulated
    A well-regulated militia was one that was well-organized, well-armed, and well-disciplined. The processes for training, activating, and deploying the militia should be efficient and orderly.
    The Second Amendment of the United States Constitution states that the right of the people to keep and bear arms shall not be infringed.

    Reply
  13. I am 100% 2nd Amendment. But I am also 100% ban on assault style weapons in the public domain. Assault weapons should be the soul right of the Law Enforcement Agencies and the Military period.

    Reply
  14. The Second Amendment is meant, in part, to help the government, that is, "the security of a free state."

    Jamie Raskin is so anti-gun that he uses results oriented reasoning rather than honest reasoning.

    Reply
  15. I called my Senator but he doesn't care even some DEMS are squeamish about it because they are obviously scared to exercise the rights we gave them. He gets away with everything including this if they do it I will stand corrected and be extremely grateful. I just do not see it the Oligarchs are backing him and people would rather watch this train wreck than stop it and its sad

    Reply
  16. My thought is that donOld will not pardon these criminals. We all know he lies, his life is one of lies. If it were not for lies he would be saying absolutely nothing. Promises are just lies in reality, his entire lifes pattern.

    Reply
  17. I don’t remember if Mr. Raskin brought this fact up about treason, but if we hadn’t won the revolutionary war everyone’s name that was on that declaration would have been tried for treason because they went against a government and lost. The frightening thing is now that the election is over the Definitions of our democracy (and yes, I know Democratic Republic )could change for the worse

    Reply
  18. In switzerland every one has a gun but they don't shoot each other and shooting is like a familly outing. In north america we are raised on daily video violence and hatred involving guns and that is the root cause of mass murder. What am I trying to say? Believe it or not; it's ok for the Swiss to have guns, but not for a lot of Americans because of our culture.

    Reply
  19. Raskin and Litman forgot the important points that 1) the constitution intends to eliminate violent regime change by institutionalizing nonviolent revolution in the form of democracy and voting. 2) That guns are not remotely a defense against tyranny.

    Reply
  20. Jamie, even if you feel that it is still necessary to follow the clearly anti-constitutional ruling in the case of Trump v Anderson, then please take all necessary steps to bring any Congressional action needed to confirm Trump's disqualification under 14/3, as emergency legislation if possible, to block him from being inaugurated!!

    Reply
  21. Jamie knows his constitution inside and out. I had teachers that gave us a good education in the constitution and bill of rights. People can walk around holding the pocket constitution but they really don't understand it.
    Thanks Harry for having Jamie on.

    Reply

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