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I'm actually quite certain that the meaning of the 2nd Amendment does not need to change, nor should it. The United States at large has not had a problem with nor required interpretation of the second amendment during the time between approximately 1975 and the inception of said constitutional amendment. What's the problem? I don't think it's the language, I think it's the people reading it.
I think the problem is widespread ignorance of the well established common law rules of construction existent at the time the Constitution was made.
So "the people" means "the people" only when it's something you agree with, then? Perhaps we should declare all the other instances of "the people" in this document to be ambiguous, too...
All I know is that the word "people", and all of the other words, in the Constitution should probably be construed by applying the well established common law rules of construction. I haven't actually applied the rules of construction to the words in the Second Amendment. Therefore, I don't yet have an opinion on what it means
However, I did apply Scalia's first rule of construction to the word "people." Judging from Johnson's Dictionary, it appears that at the time the Constitution was made, the normal and ordinary meaning of the word "people" was "a nation." Plug that meaning into the Second Amendment and the "right of the people" becomes the "the right of the nation." I don't like it, but rules is rules.
Last edited by FlashTheCash; 08-28-2008 at 06:28 PM..
I suggest you note that in D. C. v. Heller, at least eight of the nine Justices indicated that the right protected by the Second Amendment was an individual right.
Judging from Johnson's Dictionary, it appears that at the time the Constitution was made, the normal and ordinary meaning of the word "people" was "a nation."
"We the People of the United States, in Order to form a more perfect Union..."
"The House of Representatives shall be composed of Members chosen every second Year by the People of the several States..."
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..."
"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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Quote:
Plug that meaning into the Second Amendment and the "right of the people" becomes the "the right of the nation." I don't like it, but rules is rules.
Sorry, but you're wrong. "People" and "nation" are not interchangeable in the above selections.
"We the People of the United States, in Order to form a more perfect Union..."
"The House of Representatives shall be composed of Members chosen every second Year by the People of the several States..."
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..."
"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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Sorry, but you're wrong. "People" and "nation" are not interchangeable in the above selections.
I see you don't like the outcome of Scalia's great guiding principle of constitutional construction. Why don't you consider applying the well established common law rules of construction that actually existed at the time the Constitution was being made? The second common law rule of construction permits us to explore the "context" of a word if it's meaning is still ambiguous after apply the first rule. Scalia's espoused guiding principle of construction doesn't even contain a rule regarding "context."
Last edited by FlashTheCash; 08-28-2008 at 07:01 PM..
Hey, Flash, instead of repeating your well established common law rules of construction rant over and over try reading papers written by the men who wrote the Bill of Rights. They consistenty support an iddividual right to keep and bear arms. The only one confused by your so called "well established common law rules of construction " is you. Move on already. It doesn't hold any water except to you.
In terms of consistency as well, hasn't it been established that all of the amendments were meant to RESTRICT the power of GOVERNMENT over the people's rights.
Wouldn't it seem strange (and of course, convenient for some of you) to interpret all but the second amendment as such, but that somehow the second amendment is different and restricts the right of the people.
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