Exactly what and why was the 2nd amendment written like it is

the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.
Most murders were committed with knives, and -- contrary to the myth of primitive violence -- there were few murders outside Indian warfare (in North Carolina, on the average, there was only one murder every two years between 1663 and 1740).

There was only one recorded murder using a gun.

Spiking the Gun Myth
 
The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.
Most murders were committed with knives, and -- contrary to the myth of primitive violence -- there were few murders outside Indian warfare (in North Carolina, on the average, there was only one murder every two years between 1663 and 1740).

There was only one recorded murder using a gun.

Spiking the Gun Myth


Most murders are committed by murders, it goes without saying. Knives I use evey day. cooking food, mostly. Knives are variable tools. What the hell do you do with guns? There within lies the question. You kill or train to kill. That's pretty much it. Who needs THAT?
 
the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?
To best of my recollection, it's all here.
ARMING AMERICA
The Origins of a National Gun Culture.
By Michael A. Bellesiles.

I suspected that was your source.

"Arming America: The Origins of a National Gun Culture is a discredited 2000 book by historian Michael A. Bellesiles about American gun culture, an expansion of a 1996 article he published in the Journal of American History. Bellesiles, then a professor at Emory University, used fabricated research to argue that during the early period of US history, guns were uncommon during peacetime and that a culture of gun ownership did not arise until the mid-nineteenth century.

"Although the book was initially awarded the prestigious Bancroft Prize, it later became the first work for which the prize was rescinded following a decision of Columbia University's Board of Trustees that Bellesiles had "violated basic norms of scholarship and the high standards expected of Bancroft Prize winners."


Arming America - Wikipedia
 
I open a letter with a knife and also, say dice and slice dinner. I never shot open a letter, or used a gun to prepare my food. Didn't shoot off a lid on a can of salsa. A good chef is only as good as his knives, But guns? Guns are about killing. Who is kidding who here?
 
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.
Most murders were committed with knives, and -- contrary to the myth of primitive violence -- there were few murders outside Indian warfare (in North Carolina, on the average, there was only one murder every two years between 1663 and 1740).

There was only one recorded murder using a gun.

Spiking the Gun Myth


Most murders are committed by murders, it goes without saying. Knives I use evey day. cooking food, mostly. Knives are variable tools. What the hell do you do with guns? There within lies the question. You kill or train to kill. That's pretty much it. Who needs THAT?
The primary reason people have guns is to kill other people that have guns. The secondary reason is to kill animals. It's all about the need kill.
 
The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.

Punctuation means everything.

"Hey, let's eat, Dad!" "Hey, let's eat Dad!"
Are you claiming those two sentences mean the same thing?

And calling something a collective right while refusing to explain why speaks volumes where your argument is concerned.
special pleading much? now, try it with our Second Amendment. story telling, right wingers.

Just calling something a logical fallacy does not make it one. My example on punctuation is accurate. And you never have explained your reasoning for insisting the 2nd is a collective right. Which is not surprising, since every constitutional scholar has argued it is an individual right. Even the ones that don't like it agree that it is an individual right.
just another story, right wingers. all political talk and no political action.

put it in writing, right wingers, like the left is willing to do.

LMAO!!!! Oh that is hilarious!!! YOu have the gall to post that after continually refusing to answer questions?? On virtually ANY topic?

That is a joke. They DID put it in writing. And those who understand english, understand that the 2nd amendment is an individual right.

YOu can call it judicial activism all you want. It is the law of the land.
 
I open a letter with a knife and also, say dice and slice dinner. I never shot open a letter, or used a gun to prepare my food. Didn't shoot off a lid on a can of salsa. A good chef is only as good as his knives, But guns? Guns are about killing. Who is kidding who here?

I have used my guns to provide food for my family and for many others (some I don't even know).

I have also used my guns to protect livestock of people who provide food for themselves and others.

And in using my gun to provide food, I have done much to protect the environment, both financially and physically.
 
Applying 21st Century mores to 18th Century thinking is an exercise in vanity.

The militia is bound to the right. The right is not bound to the militia.

If you want to follow the meaning of the 2nd amendment, the Militia is bound to the Government which should be neither right nor left, it just is.

Yes and no, Daryl Hunt
the 2nd Amendment is incorporated as a part of the Bill of Rights.
Thus there is a natural check where the 2nd Amendment is not intended to be 'abused' to "violate or disparage" any other rights,
including right of security, freedom from unreasonable searches or seizures, and not to be deprived of life liberty or property without due process of laws.

So the 2nd Amendment is bound and limited by the other rights in Constitutional laws.

By the rightwing ideology, this isn't citizens being bound by Govt, but by natural laws that exist independent of govt
which the Constitution put into writing, including the Bill of Rights that spells out rights of individuals that govt CANNOT regulate or infringe upon.

By the leftwing ideology, these rights ARE the govt duty to protect, police and regulate.

It depends if you interpret people to be the government, or government to be the people.
Same with the Militia. If you consider Militia to mean government policing people,
or the people policing government!

Either way, the authority to bear arms is based on enforcing and defending laws
not violating them. That is true whether you see the people or the govt as being in charge,
the right to bear arms is for defense of the law, not for violating any laws or rights. Or else it contradicts the rest of the Bill of Rights that the 2nd Amendment is part of and used for enforcement.
 
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.
Most murders were committed with knives, and -- contrary to the myth of primitive violence -- there were few murders outside Indian warfare (in North Carolina, on the average, there was only one murder every two years between 1663 and 1740).

There was only one recorded murder using a gun.

Spiking the Gun Myth


Most murders are committed by murders, it goes without saying. Knives I use evey day. cooking food, mostly. Knives are variable tools. What the hell do you do with guns? There within lies the question. You kill or train to kill. That's pretty much it. Who needs THAT?
The primary reason people have guns is to kill other people that have guns. The secondary reason is to kill animals. It's all about the need kill.

I think the priorities of why people ow guns varies. I know people who put hunting as the top priority. I know some who put other shooting sports as the top priority. And yes, many have them for defensive purposes.
 
yes, and only the right wing appeals to ignorance of the law, and plain reason, not to mention, legal axioms.

  • "I ask, sir, what is the militia? It is the whole people, except for a few public officials."
    — George Mason, in Debates in Virginia Convention on Ratification of the Constitution, Elliot, Vol. 3, June 16, 1788
Only well regulated militia of the whole People, a few public officials excepted, are declared Necessary, the unorganized militia is not declared Necessary and may be Infringed by well regulated militia, when Necessary for the security of a free State.

Our supreme law of the land is about the resolution of any conflict of laws, not the whole and entire concept of natural or individual rights.

Then the 2nd would have ended at the second comma, since it didn’t, it is expressing a right granted beyond the militia.
the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. Most muskets were passed down from father to son and were not well maintained. In fact, a survey at the time done by a North Carolina militia found that over half were inoperable. They also had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

I wouldn't put a whole lot of stock in punctuation from a 200+ year old document, and I'm a proofreader. Commas were used more or less indiscriminately in that less-linguistically refined period, which also displays the old German practice of capitalizing nouns ("Militia"... Security"... "State"... etc). Language evolves over time, and the "proper" use of a comma and what it means or doesn't mean wasn't nearly as meticulously defined as it came to be.

The adjective "prefatory" though, is pure absolute snow-job bullshit. All "prefatory" means is that it "comes before" or "introduces" another part (as in preface). We can already see that it come first, so "prefatory" tells us absolutely nothing of what its function is. And that's an enigma; the introductory phrase "a well regulated Militia being necessary to the Security of a free State" has no discernible reason to exist. A Constitution has no need to argue its case for why it sets out what it does; it simply declares "these are the rules". There's no point in rationalizing the Amendment as if it were part of some debate, nor does any other Amendment do so (nor should it), so the presence of the clause remains a head-scratcher.

Ultimately the presence of a subordinate clause that seems to want to argue its existence looks like either sloppy or unfinished work, or both. If it's intended as a limitation, which is the only conceivable direction it would have wanted to go, then it's poorly written as such.
 
[QUO2nd amendment. TE="MaryL, post: 19871485, member: 34685"]
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.
Most murders were committed with knives, and -- contrary to the myth of primitive violence -- there were few murders outside Indian warfare (in North Carolina, on the average, there was only one murder every two years between 1663 and 1740).

There was only one recorded murder using a gun.

Spiking the Gun Myth


Most murders are committed by murders, it goes without saying. Knives I use evey day. cooking food, mostly. Knives are variable tools. What the hell do you do with guns? There within lies the question. You kill or train to kill. That's pretty much it. Who needs THAT?
The primary reason people have guns is to kill other people that have guns. The secondary reason is to kill animals. It's all about the need kill.[/QUOTE] Well, I am good with not killing anything, animals or robbers. Or being killed , either by hoodlums with guns. Take away their guns, and they are just nothing...Taking away their guns, now there within lies the crux of the biscuit. We have maniacs that enable criminals that swear by their holier than thou sacrosanct 2nd Amendment. The Constitution has been amended before, so what's the big deal now?
 
Imagine we repeal the 2nd amendment. If nobody had guns, we could relax. No more armed maniacs. We would all be on a even playing field more or less. Who, in there right mind, would oppose THAT?
 
the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. They had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

"Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay."

Source?

Coincidentally, there were no mass school shootings in the 1700's, No assault rifles, either. Thus proving what an anachronism the 2nd amendment has become.

Mass shootings such as the Nevada country music festival shooter in the hotel window, school shootings, movie theater shootings, church shootings etc etc would have been impossible with18th century firearm technology. It would be half a century before the Minié Ball was invented, which vastly improved accuracy, range and lethality in the target, being designed to shatter bones. So it would have been impossible for the writers of the Constitution to foresee that kind of firearm which saw its first action in the Crimean War of the 1850s and American Civil War ---- which is why the latter left so many amputees. So as far as the time the Constitution was written, that revolution in what firearms could do lay a lifetime in the future.

And of course technological innovation would continue well beyond that stage.
 
Then the 2nd would have ended at the second comma, since it didn’t, it is expressing a right granted beyond the militia.
the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. Most muskets were passed down from father to son and were not well maintained. In fact, a survey at the time done by a North Carolina militia found that over half were inoperable. They also had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

I wouldn't put a whole lot of stock in punctuation from a 200+ year old document, and I'm a proofreader. Commas were used more or less indiscriminately in that less-linguistically refined period, which also displays the old German practice of capitalizing nouns ("Militia"... Security"... "State"... etc). Language evolves over time, and the "proper" use of a comma and what it means or doesn't mean wasn't nearly as meticulously defined as it came to be.

The adjective "prefatory" though, is pure absolute snow-job bullshit. All "prefatory" means is that it "comes before" or "introduces" another part (as in preface). We can already see that it come first, so "prefatory" tells us absolutely nothing of what its function is. And that's an enigma; the introductory phrase "a well regulated Militia being necessary to the Security of a free State" has no discernible reason to exist. A Constitution has no need to argue its case for why it sets out what it does; it simply declares "these are the rules". There's no point in rationalizing the Amendment as if it were part of some debate, nor does any other Amendment do so (nor should it), so the presence of the clause remains a head-scratcher.

Ultimately the presence of a subordinate clause that seems to want to argue its existence looks like either sloppy or unfinished work, or both. If it's intended as a limitation, which is the only conceivable direction it would have wanted to go, then it's poorly written as such.

Funny.

The only people who think it's "poorly written" are those who want their misinterpretation accepted.
 
So I am like, whats going to stop someone from ratifying our constitution like say, the one that alters our current Constitution to reflect the tenor of our times? It's going to happen....Guns are NOT what they were in 1776.
 
So I am like, whats going to stop someone from ratifying our constitution like say, the one that alters our current Constitution to reflect the tenor of our times? It's going to happen....Guns are NOT what they were in 1776.

Indeed, but human nature is the same.
 
the punctuation changes nothing. you can remove all of it, and it means the same.

The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. Most muskets were passed down from father to son and were not well maintained. In fact, a survey at the time done by a North Carolina militia found that over half were inoperable. They also had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

I wouldn't put a whole lot of stock in punctuation from a 200+ year old document, and I'm a proofreader. Commas were used more or less indiscriminately in that less-linguistically refined period, which also displays the old German practice of capitalizing nouns ("Militia"... Security"... "State"... etc). Language evolves over time, and the "proper" use of a comma and what it means or doesn't mean wasn't nearly as meticulously defined as it came to be.

The adjective "prefatory" though, is pure absolute snow-job bullshit. All "prefatory" means is that it "comes before" or "introduces" another part (as in preface). We can already see that it come first, so "prefatory" tells us absolutely nothing of what its function is. And that's an enigma; the introductory phrase "a well regulated Militia being necessary to the Security of a free State" has no discernible reason to exist. A Constitution has no need to argue its case for why it sets out what it does; it simply declares "these are the rules". There's no point in rationalizing the Amendment as if it were part of some debate, nor does any other Amendment do so (nor should it), so the presence of the clause remains a head-scratcher.

Ultimately the presence of a subordinate clause that seems to want to argue its existence looks like either sloppy or unfinished work, or both. If it's intended as a limitation, which is the only conceivable direction it would have wanted to go, then it's poorly written as such.

Funny.

The only people who think it's "poorly written" are those who want their misinterpretation accepted.

Fine -- then why don't you be the first person in the history of this nation, right here on USMB --- to essplain to the class why a Constitution would need to justify itself as if it's posting on a message board.

C'mon, hook a brutha up. "Prefatory" won't do it --- we already know WHERE the clause is. What we want to know is WHY it is.

As I said, I don't have an 'interpretation'. As I said, it's an enigma. Nobody has an interpretation. Hence --- "poorly written".

And as long as we're on the subject, a Court explaining it as a "prefatory" clause is also "poorly written". That's just unmitigated bullshit dancing around a question it can't answer either.
 
The punctuation means everything. It’s why the 2nd is in The Bill of Rights. Using your logic, the article would not be within the 1st 10 articles at all.

The 1st 10 outline individual rights, and the 2nd would be so out of place as to be laughable.

It would be like adding The History of the Ford Mustang within the Old Testament.

A really bad placement.

The founding fathers were not dumb.
that is Your story bro; the punctuation changes No Thing about Second Article of Amendment. Text is Every Thing.
Punctuation is important in any legal document because it changes the meaning in one way or another.

The courts have ruled that in the 2nd amendment the second comma divides the amendment into two clauses: one 'prefatory' and the other 'operative.' The bit about a well-regulated militia is just preliminary throat clearing; the framers don't really get down to business until they start talking about 'the right of the people ... shall not be infringed,..

However, it is has also been successfully argued in court that the use of commas was far less restrictive in 18th century; that is writers liberally used commas between most all clauses thus the primary two clauses were a conditions for the operative clause, "shall not be infringed...".

One can argue this point either way but the fact is the 2nd amendment was a compromise between states who favored a strong standing army and states who simple wanted local militias. So just as today, the two sides could read the amendment as favoring their belief.

Today 60% of gun owners state that protection is the reason they purchased a gun. 38% said it was hunting. Those were certainly not the reasons the founders put the 2nd amendment in the Constitution. Guns in those days were muskets without a rear sight that were certainly not very useful for hunting or protection. There only really practical use was in being fired in volleys as in militias.

Unlike today, the approval of the 2nd amendment was not a news worthy event because most people had little interest in owning guns. Only 1 in every 5 households owned a musket and few people had any interest in buying one since the cost was 2 weeks to a months pay. Most muskets were passed down from father to son and were not well maintained. In fact, a survey at the time done by a North Carolina militia found that over half were inoperable. They also had no rear sights making them very inaccurate and loading time for most people was 30 seconds to a minute. Thus, a good knife or axe was much better self protection at a fraction of the cost of a musket.

I wouldn't put a whole lot of stock in punctuation from a 200+ year old document, and I'm a proofreader. Commas were used more or less indiscriminately in that less-linguistically refined period, which also displays the old German practice of capitalizing nouns ("Militia"... Security"... "State"... etc). Language evolves over time, and the "proper" use of a comma and what it means or doesn't mean wasn't nearly as meticulously defined as it came to be.

The adjective "prefatory" though, is pure absolute snow-job bullshit. All "prefatory" means is that it "comes before" or "introduces" another part (as in preface). We can already see that it come first, so "prefatory" tells us absolutely nothing of what its function is. And that's an enigma; the introductory phrase "a well regulated Militia being necessary to the Security of a free State" has no discernible reason to exist. A Constitution has no need to argue its case for why it sets out what it does; it simply declares "these are the rules". There's no point in rationalizing the Amendment as if it were part of some debate, nor does any other Amendment do so (nor should it), so the presence of the clause remains a head-scratcher.

Ultimately the presence of a subordinate clause that seems to want to argue its existence looks like either sloppy or unfinished work, or both. If it's intended as a limitation, which is the only conceivable direction it would have wanted to go, then it's poorly written as such.

Funny.

The only people who think it's "poorly written" are those who want their misinterpretation accepted.

Fine -- then why don't you be the first person in the history of this nation, right here on USMB --- to essplain to the class why a Constitution would need to justify itself as if it's posting on a message board.

C'mon, hook a brutha up.

The Constitution requires no justification. The Founders wrote it quite clearly.
 

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