danielpalos
Diamond Member
- Banned
- #701
The Intent and Purpose of the law is in the First Clause, not the Second Clause.Why would it say that, if what is supposed to be protected by the People of that State, is the security of that free State not rights in private property.dude, our Second Article of Amendment can Only mean
our Second Article of Amendment can Only mean one thing when you don't appeal to ignorance of the lead Clause and its Cause.
I agree with you again. It can only mean that the individual's right to own guns is protected.
There are several reasons I says this.
#1 - The Bill of Rights was written solely to protect the rights of the individuals, not any gov't entity.
#2 - The founding fathers believed in an armed civilian population that could be called up to form a militia if needed.
#3 - The phrase "the right of the people to keep and bear Arms shall not be infringed" speaks very clearly.
#4 - Some of the greatest constitutional scholars in our nation's history (including the SCOTUS) agree with me.
This is what our Second Amendment secures:
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
Rights in private property are usually a civil or criminal matter.
The entire purpose of the Bill of Rights is to protect the rights of the individual from being usurped by the state. That is it. Nothing more and nothing less.
You have tried to maintain this "The 2nd amendment is about the rights of the state" nonsense for page after page after page. The constitutional scholars disagree and the SCOTUS disagrees. Who is in a better position to say it?
No it doesn't; Each amendment has to be read in their severalty--There are two rules of construction, dictated by plain reason, as well as founded on legal axioms. The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end. The other is, that where the several parts cannot be made to coincide, the less important should give way to the more important part; the means should be sacrificed to the end, rather than the end to the means.--The Federalist Number Forty-One
Why would our Second Amendment say that, if what is supposed to be protected by the People of that State, is the security of that free State not rights in private property--"A well regulated Militia, being necessary to the security of a free State"
This is what our Second Amendment secures:
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
Rights in private property are usually a civil or criminal matter.
Those of the opposing view are welcome to argue their point here."The one is, that every part of the expression ought, if possible, to be allowed some meaning, and be made to conspire to some common end."
It is NOT possible for the subordinate clause of the 2nd Amendment to have meaning without the main, operative clause--any meaning that the subordinate clause has is DEPENDENT UPON the main clause.
By itself, the preforatory clause is incomplete--it's complete meaning is dependent upon (subordinate to) the complete, unabridged meaning of the main clause, which stands on it's own. The complete meaning of the preforatory clause requires that "... the right of the people to keep and bear Arms, shall not be infringed."
The "common end" is explicitly identified in the preamble to the Bill Of Rights: "... to prevent misconstruction or abuse of [the Federal Government's] powers,..."
"The other is, that where the several parts cannot be made to coincide, the less important should give way to the more important part; the means should be sacrificed to the end, rather than the end to the means."
Since the parts of the 2nd Amendment DO coincide to conspire to a common end, your insistence that any part of the 2nd Amendment be sacrificed is entirely misapplied.
Furthermore, the "end" conspired to is explicitly identified in the preamble to the Bill Of Rights: "... to prevent misconstruction or abuse of [the Federal Government's] powers,..."
Yet even in your misapplication of what the "end" is, you fail to assert proper emphasis; it is not the security of any kind of state that that we're interested in, but rather the security of a FREE state-- a nation free of despotism.
Your construction runs precisely counter to the intent and purpose of the Bill of Rights, it sacrifices legitimate means to the interests of illegitimate ends, and is self-destructive in making your entire construction meaningless to itself.
You are wrong, boring, and stupid. AGAIN. STILL.