Linked by Thom Holwerda on Mon 7th Feb 2011 23:11 UTC
Thread beginning with comment 461743
To view parent comment, click here.
To read all comments associated with this story, please click here.
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[4]: U.S. is not a nation of law anyway
by trev on Thu 10th Feb 2011 09:43
in reply to "RE[3]: U.S. is not a nation of law anyway"
"Your argument seems to be that the law should not be enforced as written because it is a bad law as stated.
Then you misunderstood. Language is imperfect. The same words can be interpreted differently based on context and intention. "
Your quote "So we either accept that their are limitations to the second ammendment or we have to allow ANYONE access to any weapon imaginable" seems to indicate that you had a similar understanding as I did of the meaning as stated but felt you must limit it to keep it to keep it from being "STUPID". If that was not your intended meaning, please clarify.
If the cluase "A well regulated militia being necessary to the security of a free State" is merely a justification then why do all the other ammendments lack any such construction? It seems pretty odd to include the justification for an ammendment in the ammendment itself. It would be the one and only time and quite extraneous as far as law goes.
I agree none of the other amendments include a justification clause but I also can read and this seems to do just that. What is your impression of the purpose of that clause? Do you think it somehow limits the following clause? If so, how?
RE[5]: U.S. is not a nation of law anyway
by abraxas on Thu 10th Feb 2011 11:45
in reply to "RE[4]: U.S. is not a nation of law anyway"
Your quote "So we either accept that their are limitations to the second ammendment or we have to allow ANYONE access to any weapon imaginable" seems to indicate that you had a similar understanding as I did of the meaning as stated but felt you must limit it to keep it to keep it from being "STUPID". If that was not your intended meaning, please clarify.
No I did not have a similar understanding. My point is that if you accept the idea that the 2nd amendment allows for unfettered access to "arms" then you must allow the ownership of all forms of weapons to anyone. I do not think that is the intent of the second amendment and neither did the men who wrote it. That's why they included the "militia" clause because they were NOT stupid.
The Bill of Rights wasn't just a first draft. The second amendment itself was rewritten several times. Every word in it has meaning and intent. The men who wrote and re-wrote it slaved over the right choice of words. It seems quite improbable that they just left in extraneous information. All of the amendments are quite short and to the point. The 2nd amendment would be an anomoly if the "militia" clause was merely a justification for the amendment itself. It's also telling that not only does the 2nd amendment refer to a militia, but a "well regulated" one. What is the point of these words if it is merely a justification?
I agree none of the other amendments include a justification clause but I also can read and this seems to do just that. What is your impression of the purpose of that clause? Do you think it somehow limits the following clause? If so, how?
It sure does limit the right to ownership of guns as well as other arms. It limits them to a "well regulated militia". This isn't to say that no one can own a gun except someone who belongs to a "well regulated militia". It just means that state and federal laws that limit or ban ownership of certain weapons are constitutionally legal.





Member since:
2005-07-07
Then you misunderstood. Language is imperfect. The same words can be interpreted differently based on context and intention.
If the cluase "A well regulated militia being necessary to the security of a free State" is merely a justification then why do all the other ammendments lack any such construction? It seems pretty odd to include the justification for an ammendment in the ammendment itself. It would be the one and only time and quite extraneous as far as law goes.