| ORCID | https://orcid.org/ 0000-0003-2641-962X |
| Academia | https://saybrook.academia.edu/DavidBenfell |
| Substack | https://substack.com/@benfell |
| Not Housebroken | https://nothousebroken.substack.com |
| BlueSky | https://bsky.app/profile/disunitedstates.org |
| ORCID | https://orcid.org/ 0000-0003-2641-962X |
| Academia | https://saybrook.academia.edu/DavidBenfell |
| Substack | https://substack.com/@benfell |
| Not Housebroken | https://nothousebroken.substack.com |
| BlueSky | https://bsky.app/profile/disunitedstates.org |
In my original argument that the Second Amendment protects a collective, that is, government, right to bear arms, not any individual right, I pointed to several reasons:
1. Militia, as described in Article I, Section 8, of the U.S. Constitution,[1] resembles the National Guard—under the jurisdiction of the states. The vagueness of the second amendment in also referring to a militia[2] permits the same interpretation.
2. There appears to be no upper limit in the second amendment to the arms that may be borne. I argued that an individual right to bear arms implied an individual right to nuclear arms.
Well, here we are, with the U.S. Department of Justice under Donald Trump refusing to rule out that the individual right to bear arms includes, yes, nuclear arms.[3]
[1] U.S. Const., Art. I, §8.
[2] U.S. Const., Amend. 2.
[3] Tess M. Fardon and Shira Lauren Feldman, “Trump DOJ Refuses to Rule Out Second Amendment Right to Nuclear Weapons,” Slate, March 27, 2026, https://apple.news/ASh6aIVpqTyC2U142YjbazA

March 27, 2026 | 1:48 PM Photo illustration by Slate. Sign up for Executive Dysfunction, a weekly newsletter that surfaces under-the-radar stories about what Trump is doing to the law—and how the law is pushing back. Of the sheer number of absurdist stories you may have missed in the news recently, one is that in public court filings slamming common-sense laws to prevent gun violence, President Donald Trump’s Department of Justice refused to rule out nuclear weapons from the kinds of arms it
Donald Trump claims that he has had productive talks with Iran and is therefore delaying threatened strikes on Iran’s energy infrastructure for five days.[1] Iran denies that any such talks have taken place and suggests that his “statements are part of efforts to reduce energy prices and buy time to implement his military plans.”[2]
It’s also very apparent that Trump’s and Binyamin Netanyahu’s war on Iran is not going well. My own guess is that Trump is seeking an off-ramp. Trouble here is that I doubt that Netanyahu, who has wanted this war for as long as anyone can remember, will go along.
We’ll see how this plays.
[1] Donald Trump, “I AM PLEASED TO REPORT THAT THE UNITED STATES OF AMERICA, AND THE COUNTRY OF IRAN . . . .” Truth Social, March 23, 2026, https://truthsocial.com/@realDonaldTrump/posts/116278232362967212
[2] Mizan News Agency, “Iranian Foreign Ministry: There is no dialogue between Tehran and Washington . . . ,” X, trans. Google, March 23, 2026, https://x.com/MizanNewsAgency/status/2036052143501652206