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Stanford law prof: Second Amendment is about restricting gun rights
The Daily Caller ^ | January 30, 2014 | Robby Soave

Posted on 01/30/2014 1:26:16 AM PST by 2ndDivisionVet

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.”(continued)

(Excerpt) Read more at dailycaller.com ...


TOPICS: Constitution/Conservatism; Extended News; Foreign Affairs; Government; US: California
KEYWORDS: 2ndamendment; banglist; california; donaldkilme; donaldkilmer; fascism; johnjdonohue; stanford
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Fanciful? Ever read anything on the 20th Century?
1 posted on 01/30/2014 1:26:16 AM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Just as much a learned professor of law as our president is a Constitutional scholar.

TC


2 posted on 01/30/2014 1:34:56 AM PST by Pentagon Leatherneck
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To: 2ndDivisionVet
A Stanford University law professor took the view that the Second Amendment permits strong gun control

I wonder if there are enough rocks in the world, to cover all the slime bags, who crawl out from underneath them?

3 posted on 01/30/2014 1:35:52 AM PST by Mark17 (Chicago Blackhawks: Stanley Cup champions 2010, 2013. Vietnam Vet 70-71 Msgt US Air Force, retired)
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To: 2ndDivisionVet

Funny how a law professor doesn’t know the definition of “infringe”.


4 posted on 01/30/2014 1:36:00 AM PST by Olog-hai
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To: 2ndDivisionVet

This guy wins the Doublethink Duckspeak Award.


5 posted on 01/30/2014 1:36:26 AM PST by Ronin (Dumb, dependent and Democrat is no way to go through life - Rep. L. Gohmert, Tex)
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To: 2ndDivisionVet

“The founding fathers had no idea how powerful–and destructive–today’s weapons would become, he said”

They also had no idea how destructive the modern media would become. Why does it apply to guns but not to anything else?


6 posted on 01/30/2014 1:39:33 AM PST by jospehm20
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To: 2ndDivisionVet
John J. Donohue III has been one of the leading empirical researchers in the legal academy over the past 25 years. Professor Donohue is an economist as well as a lawyer and is well known for using empirical analysis to determine the impact of law and public policy in a wide range of areas, including civil rights and antidiscrimination law, employment discrimination, crime and criminal justice, and school funding. Professor Donohue previously was a member of the law school faculty from 1995–2004.

From his public bio. Empirical Law....hmmmm.. funny term. That's a liberal dogmatic's way of saying "let's throw this up against a wall and see if it sticks." His kooky magazine limit thingy with respect to the founders is an experiment to try and make it stick that the founders would have disapproved. His only argument in support of it is "they couldn't possibly have imagined the kinds of deadly weapons we have today."

Had the founders known about gas guzzling cars, airplanes and all the rest, would they have also banned them? I'll tell you what they WOULD have been apoplectic over - Abortion. But you will never even see a liberal even deign to acknowledge that type of 'hypothesis.'

The fact is that one cannot "empirically analyze" ANYTHING THAT NEVER HAPPENED! His 'analysis' and argument is actually arguing an outcome of a hypothesis with a one-sided conclusion.

7 posted on 01/30/2014 1:44:40 AM PST by Gaffer
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To: jospehm20

They also had no concept of stuff like Marxism, which undermines religion and private morality.


8 posted on 01/30/2014 1:44:45 AM PST by Olog-hai
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To: 2ndDivisionVet

He obviously missed all those writings by the founders on the second amendment.


9 posted on 01/30/2014 1:45:56 AM PST by fella ("As it was before Noah so shall it be again,")
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To: 2ndDivisionVet

It costs 75000 a year to send your little adorable rug rat to Stanford law school. And that includes a Walmart skateboard but no car. And no spare change for any extras or visiting Sandra fluke.


10 posted on 01/30/2014 1:46:42 AM PST by faithhopecharity (C)
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To: fella

He didn’t miss them. They didn’t support his foregone conclusion so he omitted them - just like Michael Mann left out so many stands of trees in the world that did not support his global warming theory.


11 posted on 01/30/2014 1:48:04 AM PST by Gaffer
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To: 2ndDivisionVet
If a few semi automatic rifles and thirty round magazines are no threat to tyrants, why are they working so hard to take them away? And Mr. Stanford professor there can be embarrassed for trotting out that failed notion about the state of firearms technology then vs now. The bill of rights is about RIGHTS, not the expression nor realization of them. They didn't anticipate telephones, email, texts, etc. But do you think your 4th amendment rights don't protect your privacy? They didn't anticipate Facebook, Twitter, etc and the means to connect with millions, but do you think the 1st amendment doesn't protect your speech there too?

In point of fact Mr Stanford professor, the weapons the founding fathers were protecting our right to keep were exactly the same ones the military had at the time. Therefore it could be argued the 2A protects our right to have exactly the same weapons as our government. Yes, including armored vehicles, automatic weapons, missiles, bombs, etc.

12 posted on 01/30/2014 1:58:34 AM PST by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: ThunderSleeps

Only to point this out...because both sides of this debate are refusing to look at development and new trends...the big gun debate will be over within twenty years.

You can figure by 2030...a new trendy “zap” gun will exist...without any bullets. You will have the ability to stun or kill people....one, a dozen, or hundreds...within just a couple of minutes. No need to worry about lead, ammo magazines, the second amendment, or right-to-carry.

We will even reach a stage where the “zap” gun isn’t even referred to as a gun....thus inviting massive debate over how you’d control a modern technology....where the weapon could be pumped out via 3-D technology in a couple of minutes. The battery size and distance between the shooter and victim are the only question marks at this points.

A kid could into a school, and zap a dozen teachers to such extent...that their nervous system would be permanently screwed up.

This whole worry generated by the anti-gun crowd....is very limited...if you guage development and technology. They’ve got maybe another dozen years before they have to dump gun control and really start to worry over something that is way beyond our understanding of weapons and threats today.


13 posted on 01/30/2014 2:11:41 AM PST by pepsionice
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To: 2ndDivisionVet
Humm I wonder how the good Professors would sort this out

“restriction has to be at the core” of the right .....

to kill your unborn child.

to redistribute your income.

to health care.

to privacy.

to speedy trial.

to legal representation.

......

14 posted on 01/30/2014 2:19:43 AM PST by Fzob (Jesus + anything = nothing, Jesus + nothing = everything)
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To: 2ndDivisionVet
And it’s fanciful to think that the military would ever turn on U.S. citizens.”

Gosh, I wish this professor wasn't so damned smart.

The Bonus March, thats when the Military HELPED the veterans who marched on DC get their World War One bonus, right? They didn't FIRE on them. They HELPED the veteran-citizens.

Well, now I'm convinced. No one needs guns.

Glad he could clear all that up!

15 posted on 01/30/2014 2:24:53 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: Olog-hai

My point is that it doesn’t matter. What galls me about this argument is that it the libs always use it for guns. It doesn’t make any sense when applied media, political speech, religion, guns or any other subject covered by the bill of rights. It can be argued that technology has enhanced the ability of people to communicate and do good or evil beyond anything the framers could anticipate in many of these areas. So what?


16 posted on 01/30/2014 2:28:07 AM PST by jospehm20
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To: Olog-hai
They also had no concept of stuff like Marxism, which undermines religion and private morality.

They knew very well of democratic leveling before there was a Marx. Prior to 1913, the structure of their constitution kept the virus of social justice democracy out of our government.

17 posted on 01/30/2014 2:31:12 AM PST by Jacquerie (Restore federalism and freedom. Repeal the 17th. Article V.)
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To: 2ndDivisionVet

I sent the author an email about horses and reins and stuff.

In other news, I held off watering my trees and got free rain all night. But I doubt we’ll ever be rid of “free reign.”


18 posted on 01/30/2014 2:34:14 AM PST by publiusF27
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To: 2ndDivisionVet

THIS is what is educating the young brains who helped put that destructive bastard and his party of psychic vampires in the White House.


19 posted on 01/30/2014 2:41:08 AM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: 2ndDivisionVet

——A Stanford University law professor ? ——

Wow....they are never wrong....


20 posted on 01/30/2014 2:45:00 AM PST by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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