danielpalos
Diamond Member
- Banned
- #541
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.
Then, you beg the question as to why it exists anyway, especially within the section of the document that outlines the rights of individuals.
Context my good man, context.
"Why it exists" is indeed the question. The context is a constitution, which is the framework for how the operation is going to run. That makes it a simple declaration with no need whatsoever of appealing its arguments. It has no need at all to "explain why".
When you sit down to write a constitution, you sweat over every word, since you expect it to be taken seriously by generations. Therefore no part of what we read can be there by accident. Many sets of eyes read it and revised it before it got signed. Therefore it's intentional. But that lands us in the riddle --- if it's intentional, what then is its function? No one knows. It seems to set a qualification for the point it eventually gets to. What is its status in the event that qualification is not met? We do not know, for we are not told.
Enigma.
If what you write is correct, and they wanted to be taken seriously for generations, and they wanted those generations to understand that the right to keep and bear arms was limited, they could have easily, and without it being controversial as to intent, produced an amendment that read any number of ways:
Examples being:
"A well-regulated Militia, being necessary for the security of a free State, the right of the Militia to keep and bear Arms, shall not be infringed."
"A well-regulated Militia, being necessary for the security of a free State, the right of its soldiers to keep and bear Arms, shall not be infringed."
"A well-regulated Militia, being necessary for the security of a free State, the right of the people in the Militia to keep and bear Arms, shall not be infringed."
"A well-regulated Militia, being necessary for the security of a free State, the right of the people, while in service of the Militia to keep and bear Arms, shall not be infringed"
or simply
"A well-regulated Militia, being necessary for the security of a free State must be established.
None of the above are true, which begs the question. If the intent was that only those that were in such a Militia were to be afforded a right which could not be infringed, why they wouldn't have just said so?
except; you have a false analogy due to your fallacy of composition.
"A well-regulated Militia of the whole and entire People, being necessary for the security of a free State, the right of the well regulated militia of the whole and entire People, to keep and bear Arms, shall not be infringed."