Friday Civics Microdose No. 8

The headline I can't stop thinking about

There’s an infinitely long list of topics I’d rather talk about more than the Second Amendment, and the list has probably gotten even longer since I became a parent.

That said, ignorance is bliss has also taken on a new meaning. Some things can’t fully be ignored, no matter how much I want to.

I recently re-read Ben Sheehan’s witty, **ACCESSIBLY-WRITTEN** (oh, hello) guide to what the Constitution actually says, and there is a line in the very beginning that’s forever imprinted in my brain (he has a kids’ version and for all the obvious reasons, you should check out both).

Ben aptly describes the Constitution as the “Terms and Conditions” for how America is supposed to run. Despite being a lawyer, the normal person in me rarely pays attention to the “Terms and Conditions” in my own day to day/non-work life.

For the record, I do care about them, very much actually, in the context of what I do as a lawyer, because one thing law school made sure to hammer home was the fine print can’t be ignored without peril. But when I’m buying a new Macbook Air at the Apple store and trying to get home before naptime? Terms and what??

Back to Ben Sheehan’s pithy response to ignorance is bliss, which is basically that by keeping ourselves in the dark about something we don’t like — be it corrupt politics or whatever — our ignorance ensures its permanence.

And with that, let’s talk briefly about the Second Amendment.

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 Historical Importance: Then and Now

When the Second Amendment was drafted 233 years ago (during the Revolutionary era), the focal point was a “well regulated militia.” Essentially, it was important for towns and communities to be armed against outside actors (i.e. the British) coming in and threatening America’s safety and independence.

Arguably, contemporary living doesn’t favor having armed militia at the ready, but the idea of protection from bad actors still applies and is the driving force behind the gun control v. gun ownership debate.

As Lindsey Cormack acknowledges in her book How to Raise A Citizen (And Why It’s Up to You to Do It), it’s impossible to talk to kids about the Second Amendment without talking about gun violence.

Last week, NBC News published an article The first graders who survived Sandy Hook will vote in their first presidential election. I remember Sandy Hook for so many reasons. It happened on my birthday. I had just moved to New York and was newly practicing law. I don’t think there’s a single parent who would say this isn’t their worst nightmare, no matter what their view on gun ownership might be. And so Lindsey makes a really good point — we need to have open and honest conversations with our kids so that we at least have a basic level of knowledge about what it all means.

Lindsey writes:

To help them understand why this amendment was included in our Constitution, it’s helpful to reflect on how the world was different in 1791 compared to today. You can prompt your children to think about those differences by asking questions such as:

• What does the world militia mean to you, and have you heard it before?

• How might gun ownership in 1791 be different than gun ownership today?

• Can you imagine what it would take to overthrow a government as a new people?

• Do you think it would be possible to live in a country where individuals don’t own firearms?

• Do you think it’s still relevant in today’s society, considering the differences between the world in 1791 and the world we live in now?

The Evolution of the Second Amendment

Ben Sheehan is a walking civics encyclopedia. We sat down this past week over breakfast sandwiches and coffee. He brought me books, he signed them, and I left feeling like there’s at least one adult in the room who really knows what’s going on.

I mentioned this week’s microdose was going to be on the Second Amendment, and he shared topical and noteworthy stats that I’ve been thinking about ever since and I wanted to share them here.

Things were fairly quiet on the Second Amendment rulings front until 2008, when the Supreme Court ruled in DC v. Heller that the Second Amendment protects an individual’s right to own a gun so long as it’s for a traditionally lawful purposes, such as self-protection in the home. This was a landmark ruling that, for now, dismisses the argument that the right to bear arms no longer applies in a time when we don’t need a well-regulated militia.

Between 2008 and 2022, there have been three additional Supreme Court rulings expanding the Second Amendment’s protection and the rights of individuals to own guns, including one that constitutionally protects the right to carry firearms outside of the home.

Ben points out that regardless of where you fall in the gun ownership debate, it’s important to know that only 7 Supreme Court decisions have been issued on the Second Amendment since 1875, and 4 of them happened after 2008. So as a parent who earnestly wants to be informed, this felt like useful information.

More soon,

Sarah