Quote:Australian legislators can and have banned guns, even at the risk of public outrage
Risk? If it had cost them the next election, they would not have done it. They are not complete idiots. I don't see any major parties taking more relaxed gun ownership to the next election. Not because they lack a constitution to spur them on. But because we live in a democracy, and they make it their job to know what will win votes. Our politicians do not give a stuff how outraged you and your friends get. They care about being re-elected. Outrage does not do that, votes do.
A correlation between the piece of paper and the reality does not prove causation one way or the other, and merely pointing out that correlation is not a rational argument.
With enough public support in the US, the second amendment would either be changed, or ignored to an even greater extent than it is today.
Quote:They haven't banned guns at all because the 2nd Amendment exists.
Note the constitution does not say the government is not allowed to ban guns. It says the government is not allowed to infringe on the right to bear arms, which it clearly does. Drawing that line at a completely different point to where the constitution draws it does not prove that the constitution dictates policy. It proves that it is meaningless and that actual power rests with the whim of the public. If you actually paid attention, you would understand this, and I would not have to repeat it for you.
The American courts were quite right to decide that arms today are different from arms way back then, but the "technically correct" response was to say that the constitution leaves no wiggle room, so you will have to change the constitution. The expedient path they took was to decide that "the right to bears arms shall not be infringed" means something other than what it actually says. Who knows what it actually means now though? Not a complete ban? Only certain weapons? The choice is left to the whim of judges and or the democratic process.