Confusion: The wording of the Second Amendment

[TyroneSlothrop]

 

[Conservative65]

I was down on the reservations a couple of weeks ago. Virtually every nation from 4 corners to canyon de chelly were selling these shirts:

Well, sparky, times have changed. Today, if the government doesn't look out for Native American rights - who will?

Oh, that sorry excuse.

I have guns and plan on getting more. The question is what the fuck are YOU going to do about it.

 

[Conservative65]

I was down on the reservations a couple of weeks ago. Virtually every nation from 4 corners to canyon de chelly were selling these shirts:

Well, sparky, times have changed. Today, if the government doesn't look out for Native American rights - who will?

And I have 2nd amendment rights, so call it a wash.

Americans ...regarding Orlando tragedy....you have a tough choice to make

either believe that the police will be there within 4 minutes to protect your life

or

CONCEAL CARRY

Why not OPEN CARRY?

I'm all for it.

 

[gipper]

One of the primary arguments of gun advocates in that the Second Amendment guarantees the right for citizens to own and carry guns. Their argument has been repeated so many times that many progressives or moderates parrot the same line. Then they offer arguments as to why there should be limitations on gun ownership, such as bans on assault weapons.

There are two problems with the Second Amendment. First, under any circumstance, it is confusing; something that an English teacher would mark up in red ink and tell the author to redo and clarify. Secondly, there are actually two versions of the Amendment; The first passed by two-thirds of the members of each house of Congress (the first step for ratifying a constitutional amendment). A different version passed by three-fourths of the states (the second step for ratifying a constitution amendment). The primary difference between the two versions are a capitalization and asimple comma.

The version passed by Congress is:

• 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.

The version ratified by the states and authenticated by Secretary of State Thomas Jefferson reads:

• 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.

It’s difficult to determine the difference between having a capital M and a lower-case m in the word militia. Generally, a capital letter means a proper noun. In that case, the upper case M, as in the Congressional version, references a particular militia, that being the armed forces of the United States. The lower-case m in the second version would refer to a group of individuals who form an ad hoc army, most likely to oppose the armed forces of the United States. Therefore, it would be okay to keep and bear arms only as part of the official armed forces of the United States. This argument supports a limited version of the right to bear arms; only when serving in the official armed forces of the United States.

The comma in the first version (between the words Arms and shall) also changes the meaning of the amendment. The first version with the comma maintains the reference to the official armed forces of the United States. That is further evidence that the right to bear arms is limited to serving in the official military of the United States. The lack of a comma (between arms and shall) in the second version, implies that there is equality or parity between bearing arms for the official forces of the United States and for personal use of firearms. This supports the N.R.A. position on the Second Amendment. as does the lower case m.

The provision for passing an amendment to the U.S. Constitution requires ratification of the same language by two-thirds of the members of each house of Congress, and the legislatures of three-fourths of the states, as described in Article V of the Constitution. It states:

[shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;]​

But in the case of the Second Amendment, the language between the Congressional and state versions have different meanings.

What this does is to throw out either meaning of the Second Amendment. It puts the definition of the right to bear arms in the same category as other items not mentioned in the Constitution and Bill of Rights, such as the right to privacy, the right to reproductive freedom, the right to gay marriage.

Bearing arms is then a legislative issue. It may be that the policy desired by Congress, the states of the U.S., and most importantly the people, is to permit individuals to own assault weapons. It also may be to prohibit them. In any case, the decision should be made on wise policy, without constitutional reference to the Second Amendment. The Second Amendment should be null and void, because its ratification did not follow the prescribed method for passing an amendment. This makes it blatantly confusing.

More: Confusion -- the wording of the Second Amendment

Undoubtedly, the latest gun massacre in Orlando, Florida will prompt another round of gun debates - including the Second Amendment.

It should not prompt gun debates. It should prompt a debate on cultural problems, but it won't.

 

[TyroneSlothrop]

It should not prompt gun debates. It should prompt a debate on cultural problems, but it won't.

Look a nice American non Immigrant child ,molesting barbarian terrorist using his Second Amendment Rights to plan mass murder ...aren't we lucky to have All American citizens like this ....

Indiana man planning attack on LGBT festival was fleeing arrest for child molestation
James Howell reacted angrily when confronted over the encounter by a family friend, calling himself a "sociopath with an automatic" and threatening to kill not only himself, but police officers and members of the girl's family.

 

[TyroneSlothrop]

It should not prompt gun debates. It should prompt a debate on cultural problems, but it won't.

We have a Cultural problem alright...look at all the white trash piece of shit gun loving chicken heartened chicken shit like

Indiana man planning attack on LGBT festival was fleeing arrest for child molestation
...that is the cultural problem we have ..Confederate morons living in 1850 want to bring that Culture back when a white man could kill red skins and Black skins with "No problemo"

 

[gipper]

It should not prompt gun debates. It should prompt a debate on cultural problems, but it won't.

We have a Cultural problem alright...look at all the white trash piece of shit gun loving chicken heartened chicken shit like

Indiana man planning attack on LGBT festival was fleeing arrest for child molestation
...that is the cultural problem we have ..Confederate morons living in 1850 want to bring that Culture back when a white man could kill red skins and Black skins with "No problemo"

...and in Chicago there are 1,689 shooting victims so far this year...but in the lib mind it does not matter, cause blacks shooting blacks is okay in their demented minds...plus blacks vote D.

Crime in Chicago -- Chicago Tribune

 

[SassyIrishLass]

"Confusion: The wording of the Second Amendment"

Actually there is no ‘confusion.’

Second Amendment jurisprudence is settled, accepted and beyond dispute:

There is an individual right to possess a handgun pursuant to the right of self-defense.

Like most rights the Second Amendment right is not ‘absolute.’ “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose” (DC v. Heller).

Consequently, the Second Amendment right is subject to reasonable restrictions by government, where “concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” ibid

Current Second Amendment jurisprudence also holds that restrictions on AR and AK platform rifles are Constitutional, and to advocate for such measures is not to seek to ‘violate’ the rights of gun owners, nor ‘violate’ the Second Amendment.

A Maryland measure placing restrictions on AR and AK platform rifles is currently under review, and should that law be invalidated and upheld on appeal, the Supreme Court will likely make a final decision regarding whether possessing AR and AK platform rifles is entitled to Constitutional protections, or laws placing restrictions on such weapons manifests as a reasonable restriction consistent with the Second Amendment.

Until the Supreme Court rules, however, restrictions on AR and AK platform rifles are Constitutional – as are prohibitions of large capacity magazines and universal background checks.

Look at Jones pretending he's a Constitutional scholar

 

[hadit]

Define "assault weapon".

 

[TyroneSlothrop]

Define "assault weapon".

A weapon whose design and purpose is to mow down humans as fast as possible...

 

[hadit]

Define "assault weapon".

A weapon whose design and purpose is to mow down humans as fast as possible...

Fully automatic weapons, then, okay. That won't ban the AR-15, is that cool with you?

 

[BluesLegend]

One of the primary arguments of gun advocates in that the Second Amendment guarantees the right for citizens to own and carry guns.

Duh! Look dumbass when the 2nd amendment was written citizens in most of the worlds most oppressive regimes were prohibited from owning arms which is why this right was guaranteed to American citizens with a SHALL NOT BE INFRINGED fuck you clause.

 

[Skull Pilot]

Hillary wants to reinstate the assault weapons ban. I agree. Go Hillary!!!!!

Define "assault weapon", and make it more substantive than "big scary looking black gun".

I whacked my brother on his knee with my Red Ryder. I used my Red Ryder as an assault weapon.

I hope you didn't break the compass in the stock

 

[HenryBHough]

Never forget:

When liberals take over the running of an education system the first thing to go is any effort to teach reading comprehension.

 

[Lakhota]

The 2nd Amendment is an embarrassing clusterfuck. It sounds like it was written by retards.

 

[owebo]

I was down on the reservations a couple of weeks ago. Virtually every nation from 4 corners to canyon de chelly were selling these shirts:

Well, sparky, times have changed. Today, if the government doesn't look out for Native American rights - who will?

You going to give them more liquor...again....

 

[whitehall]

In case the radical left wing has been in a coma for the last forty years the 2nd Amendment issue has been affirmed and settled in the Supreme Court.

 

[Toddsterpatriot]

The 2nd Amendment is an embarrassing clusterfuck. It sounds like it was written by retards.

You sound like a retard.

 

[Lakhota]

The 2nd Amendment is an embarrassing clusterfuck. It sounds like it was written by retards.

You sound like a retard.

I would agree - if I had written the 2nd Amendment.

 

[Toddsterpatriot]

The 2nd Amendment is an embarrassing clusterfuck. It sounds like it was written by retards.

You sound like a retard.

I would agree - if I had written the 2nd Amendment.

Is your confusion because of your retardation......or separate from your retardation.