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Response to Major Nikon (Reply #47)

Thu Dec 20, 2012, 09:32 PM

50. There is no need to ignore anything, and Scalia wasn't born when the Framer's wrote the 14th

 

Amendment.

Let's look at a similar construction:

"The liberty of the press is essential to the security of freedom in a state it ought not, therefore, to be restricted in this commonwealth." Mass. Const. pt. I, art. XVI (1780)


What do you think that is saying?

My interpretation method is perfectly consistent with both constitutional provisions.

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.

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html


This says several things--but not what you apparently believe it says:

1. The right of the people to keep and bear arms exists
2. A well regulated Militia is necessary to the security of a free State
3. Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

The necessity of a militia is not the reason the right exists. The militia (or the need for a militia) does not define the right. The need for a militia is simply the reason the right--whatever the pre-existing right is--shall not be infringed.

Similarly,


The liberty of the press is essential to the security of freedom in a state it ought not, therefore, to be restricted in this commonwealth. Mass. Const. pt. I, art. XVI (1780)


1. Liberty of the press exists
2. That liberty is essential to the security of freedom in a state
3. Because the liberty of the press is essential to the security of freedom in a state, the liberty of the press ought not... to be restricted in this commonwealth.

The security of freedom in a state was not the reason the liberty of the press existed. The security of freedom in a state did not define the liberty of the press. The security of freedom in a state was simply the reason the liberty of the press--whatever the pre-existing liberty of the press was--should not have been restricted in the commonwealth.

Purpose clauses were common in that era. All you have to do is read the words as saying what they actually say, and NOT read extra meaning into the provision.

Even if the English were not so clear, putting ANY justices, conservative or liberal, up against the Constitution itself is a losing proposition. The Fourteenth Amendment itself applies the Second Amendment against the states. That's it. Full stop.

The only way around that is to amend the Constitution.

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LineLineLineLineLineLineLineLineReply There is no need to ignore anything, and Scalia wasn't born when the Framer's wrote the 14th
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