# LEGAL THEORY /// In Praise of the Essence of the American Second Amendment: The Importance of Self-Contradiction in a System

The Funambulist


Despite what the title indicates, I have not been convinced by the National Riffles Association’s arguments against any forms of legislation to control the commerce of guns in the United States. These arguments are only to develop a simulacrum of debate of ideas, while a heavy — and apparently successful — lobbying is being made to influence the legislative power. In the American second amendment, what I am interested in lies in what I suppose as its implicit essence: the right for a people to have the legal means to overthrow its government if the latter betrays its legitimacy. Of course, in 1789 when the Bill of Rights was voted as a supplement of the 1787 U.S. Constitution, firearms seemed indeed the appropriate means to preserve such a right. Nowadays, however, the fire power of a national army — the American one in particular — is so important that revolutions cannot be…

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