Second Amendment and the Gun-Control Controversies: A Flaw in Constitutional Framing and an Antinomy of American Conservatism

Abstract

This article is a critical input to the national and international debate on Gun Control and the 2nd Amendment to the United States Constitution since 1791. Auspiciously, the paper interrogates the historical, ideological, and socio-cultural roots of the Gun Rights from Medieval Europe to modern America as well as its implications for homeland security in 21st Century American society. The whole legalistic, philosophical and socio-cultural rationale for and against the Gun Control Question in mainstream American politics elicits many questions: Why has it been legislatively infeasible to address the frailties inherent in the 2nd Amendment texts? Is the Second Amendment immutable amid post-1791 realities? Has morality lost its place in American politics? Was the rights prescribed under 2nd Amendment vested on the individuals as construed impliedly or on the people as expressly stipulated in the constitution? And why has America with the most sophisticated military and intelligence architecture in the world failed to demonstrate the capability to contain sectarian killings in the land? The paper submits that the Gun Control Debate lays bare, one of the internal cleavages within the American political and social system, a nation so admired not just by her military, economic and diplomatic clout but also by the valued she stresses and defend world over: freedom, justice, equality and global peace, ideals for which the United States supplanted pax-Britanica for Pax-Americana. The appalling antecedents of gun killings in America knows no rank with 11 presidential assassination attempts for which four American presidents died: Abraham Lincoln (1865), James Garfield (1881); William McKinley (1901) John F Kennedy (1963) with Theodore Roosevelt and Ronald Reagan seriously injured in the 1912 and 1981 assassination attempts. The quartet presidential assassins: John Wilkes Booth; Charles J. Guiteau; Leon Czolgosz and Lee Harvey Oswald were all some of the first high profile abusers of the 2nd Amendment and the gun rights it granted. The death of Dr. Martin Luther King, Malcolm X among many also resonates one of the foundational flaws of a nation globally reputed as the policeman of the earth. When will this trend ever end?.Millions have gone yet there seems to be hyper-partisanship about the Gun Control Question. This political cleavage represents a failure of the present generation of the political elites, the people and the American institutions to rise above and repeal the frailty of the 2nd Amendment, couched in one of the most nebulous languages in constitutional framings since the first ten Amendment to the world’s first-ever written constitution was ratified on 15 December 1791.The lessons from the government response to the Gun Question never placed America as a society developing societies should aspire to become, it is totally antithetical to the admirable values known about the greatest nation since the collapse of Nazism, Fascism and in the last decade of the 20th Century Communism for which in the submissions of Francis Fukuyama, Liberal Democracy became the Last Man metaphorically outlasting all other contending ideological contemporaries thus: “The End History”. The moral, spiritual, political leaders of America must converge on one front on the Gun Question, the Republicans must not hide under conservative garb and watch the blood of innocent generation of Americans been wasted by abusers of the Second Amendment. The appropriate measures to put a permanent lid on the mindless gun-related deaths must be carried out. The Democrats must forge a bipartisan consensus to arrest the moral drift in the land under the guise of the 2nd Amendment’s immutability clause: “shall not be infringed upon”. American political leaders must not under whatever guise send the wrong signal to the international community that will characterize the state as a policeman that cannot police his home, Charity begins at home, it is contradictory, antithetical and undermined every value upon which America prides herself under the rubric Pax-Americana. Historical antecedents show that the National Rifle Association is a shadow of itself, haven being skewed from its original goal to promote martial qualities and marksmanship to a lobbyist group without conscience for humanity. The American Institutions must live up to their mandate to tame the sinister and overbearing influence of the group. To the political leaders of the land the patriots of the 1775 Revolution fought for a land of the free it is your bounden duty to ensure their labor never be in vain: Lincoln was conscious of this during the heady days as was Andrew John who put their differences aside to restore national psyche, President Trump must not trade the blood of the children of America with his 2020 presidential re-election ambition as the NRA pro-Trump for 2020 billboards suggests. The Gun-Control debates further lays bare one of the antinomies of American Conservatism “being pro-life, anti-abortion and at the same time, pro-gun” as the abuses and defense of the 2nd Amendment represent one of the Ideological conspiracies against under the garb of Classical Liberalism propagated by contemporary votaries of American conservatism.