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Old Dorms Rule!

Joined: 01/23/2001 Posts: 911
Likes: 1266


The textualist in me comes out for this


And I'm not really a true textualist but it's hard not to be for the second amendment. If only Justice Scalia had stuck to his supposed textualist principals instead of going all-in on the living constitution model so he could reach his desired result, Heller would've gone 5-4 the other way.
Here's the complete, one-sentence text:
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.

Trying to put myself in the shoes of a US citizen at the time of ratification of the constitution, I read this as saying that (because they didn't contemplate a standing army) a people's militia is essential to defend the country in time of need and therefore people must be allowed to own weapons. Now you can go all grammarian and try to parse out what's dependent on what in the clauses and the placement of the commas and such but not a lot of grammarians were among the late 18th century citizenry. And, again, it's a single sentence, everything in it relates to everything else - no jumping between sentences and paragraphs, no separate sections for the militia and the right to keep and bear arms, it's a single interconnected thing, not two related but independent rights. There's nothing about the right to defend hearth, home, person and family, nothing about silencers, open carry, concealed carry, unforseeable technological firearm advances, bumpstocks, handguns, school shootings, mental health, burglars, muggers, or thieves.

I take the phrase 'well regulated' to mean that anything having to do with one's absolute right to keep and bear arms in this country is still subject to government regulations. I could go further and say that it only applies to long guns since the vast majority of citizens at the time didn't own a handgun and saw no need for one but that's another argument - and besides, Scalia twisted and turned and managed to forget his principals for a moment in deciding that issue already.

What's your interpretation of the phrase?

(In response to this post by Hokie5150)

Posted: 02/17/2018 at 1:47PM



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Current Thread:
 
  
There's an awful video of the aftermath of the shooting -- Old Dorms Rule! 02/16/2018 7:40PM
  The textualist in me comes out for this -- Old Dorms Rule! 02/17/2018 1:47PM
  You would be entirely wrong. -- hoothat 02/17/2018 5:44PM
  I guess I would be wrong if I used the NRA's definition -- Old Dorms Rule! 02/18/2018 4:07PM
  I can understand your point -- hoothat 02/18/2018 5:13PM
  I try to have an open mind -- Old Dorms Rule! 02/18/2018 5:26PM
  I agree with your second paragraph -- hoothat 02/18/2018 5:45PM
  Yes it did. ** -- 111Balz 02/17/2018 10:49AM
  Also with an emphasis on REGULATED. -- Chuck Taylor 02/17/2018 09:32AM
  Yep. Unfortunately, your last sentence is dead on ** -- hoolstoptheheels 02/16/2018 8:23PM
  Stupid idea. ** -- Hokieesith 02/16/2018 7:47PM
  Fair enough - what are your ideas then? -- Old Dorms Rule! 02/16/2018 8:33PM
  Someone will find a way around it -- 757 02/16/2018 9:27PM
  It's almost as if... -- Beerman 02/17/2018 09:52AM
  You are so on the money with 'eventually it will' - thanks. -- Old Dorms Rule! 02/16/2018 9:40PM
  Thanks for responding -- Old Dorms Rule! 02/16/2018 9:18PM

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