Wry Catcher
Diamond Member
- Banned
- #441
You seem to be rejecting the fact that the second protects a personal right to bear arms unconnected with the militia. Am I incorrect about that?No, it is not. You are trying to read the second in a manner that agrees with what you want it to mean rather than what it does.Here's the elephant-in-the-room flaw in that theory:
The Amendment doesn't *NEED* to justify its own reasoning. A Constitutional Amendment is a simple flat declaration, not a court argument or a point asserted in a debate. There is literally no need to do that. The conditional phrase could have been struck altogether, if that were the purpose.
And if you look around, you'll find none of the other Amendments take the trouble to explain their reasoning either. Not a single one. Nor do they need to.
That renders the theory quite dubious, and suggests the phrase is there for another reason. Would that they had stated it clearly but ----- they didn't.
Is there a point to that? It changes nothing. And the writing of all the amendments have inconsistencies in style and substance. Some mix concepts, some have one simple concept, some have a ordered list of concepts. Your elephant is just a dead elephant, nothing more
Of course there's a point, that being that it renders your whole explanation of what the clause is for a dubious theory.
Answer the question it brings up -- why would a Constitutional Amendment, alone among all other Amendments, singularly need to explain itself? WHO exactly is it talking to? Why does no other Amendment take the time to justify its existence ---- yet this one does?
These queries of course all assume your theory of the clause as self-justification.... and not a clumsily worded clause of limitation, which is the other glaring possibility.
That's very much a live elephant. And they live a long time.
No matter how you slice the first clause it does not negate the rest of the amendment or the fact that it directly protects the right of the people. That is exactly what you are trying to do by connecting the right with the militia - something that the language of the second completely and utterly avoids doing. It is very clear.
Further, when you look into what the founders considered the 'militia' then the argument that the right is not a personal right to bear arms is even more nonsensical. The SCOTUS has said as much as well.
You may believe that the right is outdated. You may believe that it cannot be applied to today's realities as the use and function of firearms has changed so much. Those are valid points. They are not, however, points that allow one to violate the amendment. There is a clear method to changing outdated or incorrect portions of the constitution. Should anyone believe that the second should not confer a personal right they should not be trying to argue that the meaning is something it is not - they should simply be changing it.
Ummm..... I don't have a "way I want it to mean", and I stated that from the outset. This point is about how English works. The fact remains, there is no known reason a Constitutional Amendment needs to explain itself. Prove me wrong. That makes the theory of its purpose as proposed still viable but unlikely, which leads us to consider other possibilities.
And as I also made clear, none of those possibilities can be proven since the Amendment does not spell out what it meant.
So I'm not the one dismissing viable possibilities here. Nor am I the one presuming what my intentions are. That's a hint.
That was the opinion of five members of the Supreme Court, four members did not support Scalia's majority opinion. So, let's not lie by omission, much like Dred Scott, foolish SC decisions can be repealed.