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Cake day: June 10th, 2023

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  • If I’m not mistaken, a “militia” was understood to be an ad hoc, non-standing armed group, supplied by the resources of its members. The amendment was added so that if a militia were ever needed (again), it could be formed, because the pool of potential militia members had their own firearms. Laws limiting citizen access to firearms would hobble any new militia.

    Given that armies at the time were only recently becoming “standing” (permanent) armies, and the U.S. didn’t really have one, their best option for making war was militias. They were acutely aware that the revolution began that way, and only later developed an actual (organized, separately supplied, long-term) army.

    But very quickly, the U.S. developed permanent armed forces and never had to rely on militias again. At that point the 2nd amendment really should have been obsolete.



  • It doesn’t help that the sentence makes no sense. The second clause requires that the first be the subject of the sentence, but then the third clause starts with a new subject, and lastly there’s that weird “German” comma after “Arms.”

    There’s more than one way to interpret the meaning, but strictly speaking the only syntactically accurate rendering comes out roughly as:

    [The right to] a well regulated Militia shall not be infringed, as it’s necessary to the security of a free State (security meaning the right of the people to keep and bear arms).

    …which is also meaningless.

    It’s a stupid amendment for lots of reasons, but the big one is that it’s just shitty English.






  • Under many sane readings of the constitution, this isn’t a power congress has.

    The constitution only explicitly articulates the process for establishing treaties, not ending them. So it’s a bit of a gray area as to whether the president can end them by himself, since he can’t establish them by himself.

    To my mind, it would seem exceedingly weird if establishing a treaty required the consent of the Senate but breaking one didn’t. What’s the argument to be made that the two aspects (establish/break) are so fundamentally different that the rules for the first aren’t also the rules for the second? Why does the president need consent to say yes but does not need consent to say no?

    It’s definitely been done before, but also never directly contested. (In previous cases SCOTUS has avoided answering the question by saying they didn’t have jurisdiction.)








  • At what point does the world look at this and say that enough is enough.

    Do we ever, really? Over the sum of all war-related humanitarian disasters, the West responds to very few of them, and only when it’s economically or geopolitically useful. The Palestinian crisis is no different; it’s not exceptional in any way. There’s an ongoing nightmare in DRC that’s orders of magnitude worse than what’s happening in Gaza and… no one cares. Europe and the U.S. are on the verge of disengaging from Ukraine.

    The thing is, it doesn’t even matter if we “condemn this behavior.” We could do that all we want and it wouldn’t make much difference. And no one wants to be interventionist - there’s too much awful history around it, and it smacks of colonialism, and it means taking resources away from “domestic issues” that always seem to matter more.

    We’ve got to move away from the notion that the situation in Gaza is somehow unique. It allows us to conveniently ignore the root causes of the problem, which is much more universal, and stems from the ongoing sense of cultural superiority on the part of Europe and the U.S.