Sun Devil 92
Diamond Member
- Apr 2, 2015
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- #821
"Nothing" -- and yet there's that inconvenient conditional phrase, batting leadoff ....![]()
It is neither inconvenient nor conditional, it merely states a reason why a the right of the people to keep and bear arms shall not be infringed...to ensure the basis of a well-regulated (trained, disciplined, equipped) militia, which is essential to the security of a free state (unlike other states of the time where standing armies were the norm).
It's not rocket surgery, and these lame attempts to play word games with such a simple phrase doesn't make you look smart...it makes you look silly and not well educated.
The phrase has no function. It sits there as if it's an intended conditional phrase, implying, yet stopping short of actually saying, that said rights shall apply specifically to citizens in a "well regulated militia".
Its presence there can mean only one of two things. Either:
(1) it IS intended as a conditional phrase, limiting the articulated right to a "well regulated militia" -- in which case it fails to directly state that;
OR
(2) It is NOT intended as a conditional phrase, and therefore has no function, in which case it's fatally ambiguous.
Again, a Constitution is not a court decision. It has no need for explanations, bases of reasoning, or any other incarnation of "why we're doing this". That's not what a Constitution does and not the place for it.
You really want to suggest that, completely out of left field this little phrase suddenly departs from the format of the entire Constitution, injects a thought no one can explain, and then we go back to direct language again? That's what I call word games.
You can like the Second Amendment, you can dislike it, you can feel indifferent --- but you can't sit here and deny how the fuck English works. It's fatally flawed as written. I don't know what it was intended to mean. No one does.
I don't have to suggest anything, you can simply refer to Heller where the Court held in part:
(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
(a) The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part[emphasis added], the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 2–22.
(b) The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. Pp. 22–28.
Again, your silly arguments have no basis in simple English, logic, reason, or law.
We'll see when Hillary starts appointing judges. The mood of the court seems to wish to make the nation a better place nowadays. The monthly bloodbaths are not good for the nation so I expect them to do something to either remedy the problem or provide some relief to those affected by the existence of the 2nd Amendment--i.e. people getting killed needlessly. It's much easier to remedy the problem than mitigate the outcome.
When Hillary starts appointing judges.When's that gonna be, Chuckles? The week after she wins the Miss America pageant?
Hillary already appoints them in her dreams.