Former Associate Justice John Paul Stevens was a foe of any broad reading of the Second Amendment while he served on the U.S. Supreme Court. He dissented from the 2008 majority decision in the District of Columbia v. Heller case, which held that there was an individual right to bear arms. Mr. Stevens is now going even further in his retirement, writing an op-ed column for the New York Times entitled “John Paul Stevens: Repeal the Second Amendment.”
Mr. Stevens is of the view that the Second Amendment is an artifact with no current beneficial purpose to serve. “Concern that a national standing army might pose a threat to the security of the separate states,” he wrote in his op-ed column, “led to the adoption of that amendment, which provides that ‘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.’ Today that concern is a relic of the 18th century.”
In his op-ed column Mr. Steven sharply criticized the Heller decision, which he wrote “has provided the N.R.A. with a propaganda weapon of immense power.” Mr. Stevens added: “Overturning that decision via a constitutional amendment to get rid of the Second Amendment would be simple and would do more to weaken the N.R.A.’s ability to stymie legislative debate and block constructive gun control legislation than any other available option.”
Mr. Stevens provides no reasoning in his op-ed column to speak of for getting rid of the Bill of Rights amendment to the Constitution protecting the right of the people to keep and bear arms that comes right after the First Amendment’s protection of free speech, free exercise of religion, the right to petition the government and the right of assembly. We need to look back at his dissenting opinion in District of Columbia v. Heller, joined by liberals Justice Souter, Justice Ginsburg, and Justice Breyer, to get a sense of his disdain for any continuing relevance of the Second Amendment in today’s society. In his dissent, he rejected the notion that the framers of the Constitution “intended to enshrine the common-law right of self-defense in the Constitution” or had “the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms.”