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Are Our Second Amendment Rights Hanging On A Comma?
Blogger News Network ^ | November 10, 2007

Posted on 11/10/2007 11:25:50 AM PST by theothercheek

Washington, D.C. Mayor Adrian M. Fenty made good on his vow to contest the U.S. Court of Appeals for the District of Columbia ruling that the city’s 1976 handgun ban is unconstitutional, because the Second Amendment applies to individuals as well as to militias - and the Supreme Court is now considering whether to take up the issue of what the Founding Fathers meant by these words: "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."

Should the high court decide to grant review, Legal Times reports that its ruling may not hinge on the actual words comprising the Second Amendment, but to the commas that separate those words into clauses:

Another suddenly intense debate is enveloping the case - this one over what all those commas in the Second Amendment meant in late 18th-century America.

It may sound way beyond trivial, but it's not: The grammar war is under way.

You can blame the U.S. Court of Appeals for the D.C. Circuit for igniting this esoteric debate. It ruled on March 9 that because of the Second Amendment's second comma, the first half of the amendment - the militia half - is basically a throat-clearing preface that does not qualify the individual right to bear arms that the second half protects.

Judge Laurence Silberman, who wrote the 2-1 decision, went on to conclude that the district's handgun ban violates that individual right.

Some grammarians believe that commas were often used to signal a breath pause for orators – which means there would be more of them than would be used today, and that they may not necessarily mean anything. Others argue that the commas divide the sentence into dependent and independent clauses – the trouble is there is sharp disagreement over which clause is dependent and which is independent.

Complicating matters even further the Second Amendment is a comma chameleon: The version that Congress approved in 1789 had three commas, while several states ratified a two-comma version.

The Stiletto shudders to think that her Second Amendment rights are dependent on the placement of a comma – especially considering what’s going on in Venezuela these days.

Note: The Stiletto writes about politics and other stuff at The Stiletto Blog.


TOPICS:
KEYWORDS: banglist; dc; dcgunban; guncontrol; heller; parker; scotus; secondamendment; supremecourt; thestiletto; thestilettoblog
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To: Beagle8U

‘When I use a word,’ Humpty Dumpty said, in a rather scornful tone,’ it means just what I choose it to mean, neither more nor less.’
‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’

‘The question is,’ said Humpty Dumpty, ‘which is to be master - that’s all.

Honorable Humpty Dumpty, US Court of Appeals


61 posted on 11/10/2007 1:07:26 PM PST by mathurine
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To: USNBandit

Bump...


62 posted on 11/10/2007 1:09:01 PM PST by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: USNBandit

Thank you for posting my thoughts.


63 posted on 11/10/2007 1:16:52 PM PST by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: SuziQ

I’ve been saying this for years. Back then you didn’t have the communications or distribution systems you have now so there was no way to distribute guns to people from a centralized government location. Plus, people unused to shooting guns would be no good in a national emergency and would first have to be taught how to use a gun. Hence a militia of people who already had guns and already knew how to use them. DUH!!!!!!!


64 posted on 11/10/2007 1:24:24 PM PST by theothercheek ("Unless we stand for something, we shall fall for anything." - U.S. Senate Chaplain Peter Marshall)
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To: theothercheek

Only a country run by so-called progressives, but actually Marxist elitists could find in our Constitution the unfettered right to an abortion but no individual right to keep and bear arms. These are dangerous times.


65 posted on 11/10/2007 1:43:15 PM PST by Jacquerie (There is no right to abortion. There is an individual right to keep and bear arms.)
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To: theothercheek
Complicating matters even further the Second Amendment is a comma chameleon:

Boy George is deeply saddened.

66 posted on 11/10/2007 1:49:20 PM PST by Bloody Sam Roberts (Jet noise. The Sound of Freedom. - Go Air Force!)
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To: tsomer
What part of “...shall not be infringed.” do they not understand?

I think it is significant that this amendment wasn't written to say, "The Congress shall make no law ...". The prohibition is even stronger ... the right of the people to keep and bear arms shall not be infringed. I think "by anyone" is implicit in that wording.

67 posted on 11/10/2007 1:53:33 PM PST by gitmo (From now on, ending a sentence with a preposition is something up with which I will not put.)
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To: 668 - Neighbor of the Beast
There are only 2 ways to look at it:

1 The right to bear arms depends on the militia;

2 The militia depends on the right to bear arms.

There is a third way. The phrase "A well regulated militia, being necessary to the security of a free state, " is explanatory, not a dependency. Because we need a well regulated militia, the people need to bear arms.

68 posted on 11/10/2007 1:56:02 PM PST by gitmo (From now on, ending a sentence with a preposition is something up with which I will not put.)
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To: Bloody Sam Roberts; theothercheek
Complicating matters even further the Second Amendment is a comma chameleon:

Boy George is deeply saddened.

And, he knows we really do want to hurt him...

69 posted on 11/10/2007 1:58:06 PM PST by tarheelswamprat
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To: goldstategop

Nor does the Democrat Party (speaking of an abstraction as though it were a person) believe that our rights inhere in our very beings as persons, and are not mere privileges granted by the benevolent, all-wise state. The Declaration of Independence, the foundational document of our republic, has the source of our rights well and correctly defined, from which there should follow woe to any who try to deny them or restrict their expression without good cause.


70 posted on 11/10/2007 1:58:11 PM PST by Elsiejay (,)
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To: theothercheek

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. ,

Huh. It still means we can keep and bear arms.


71 posted on 11/10/2007 2:01:19 PM PST by gitmo (From now on, ending a sentence with a preposition is something up with which I will not put.)
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To: Anti-Bubba182
The comma was a meaning of protection for citizens meant to mean WHY the people should have equal rights. It was protection from the militia.

I know you are aware of this, yet that's why the comma. Do people study the English Language anymore?

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.

72 posted on 11/10/2007 2:04:47 PM PST by eyedigress
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To: gpk9

“I don’t know how anyone can support the 2nd Amendment and support the war in Iraq. That war is clearly a violation of the Constitution’s intent.”

????? WHAT ?????


73 posted on 11/10/2007 2:10:27 PM PST by Into the Vortex
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To: theothercheek
It’s very simple. When citizens are armed to the teeth, no elite group of wealthy global domination tycoons, foreign powers, gangster criminals, treacherous politicians, or rock star movie actor entertainers are able to use force to take the country.

When Americans are disarmed, then revolts, schism, revolutions, anarchy, and ensuing tyranny can follow.

But because regular American citizens are armed to the teeth,

no amount of rock star movie actor popularity celebrity opinions,

no amount of natural disaster areas (whether through neglect or Emperor Nero tactics),

no amount of foreign powers’ interference, no amount of criminal pressure,

no amount of tyrannical tycoon global domination multi-billion/trillionaire or conspiratorial oligarchy of wealth,

and no amount of home grown anti-personal freedom politicians’ rhetoric will sway the nation’s will to stick to the original intent of the Constitution.

To take on the personal freedoms of Americans whilst we recognize the inalienable right to self-defense means that such resistance to and tyranny against Truth will be met with a hail of bullets.

And if our Constitution isn’t enough to exclaim the value and inherent right of self-denfence, then we can always rely on Jesus Christ.

Luke 22:
35
He said to them, “When I sent you forth without a money bag or a sack or sandals, were you in need of anything?” “No, nothing,” they replied.
36
He said to them, “But now one who has a money bag should take it, and likewise a sack, and one who does not have a sword should sell his cloak and buy one.

Thus the message to tyranny is, if you can’t love your fellow man because it’s God’s will to love you neighbor, then at least respect your neighbor’s strength of will—a neighbor who’d kill you in self-denfense in protecting what is his.

74 posted on 11/10/2007 2:12:50 PM PST by SaltyJoe (Lenin legalized abortion. Afterward, every life was fair game for Death.)
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To: knarf

I’ve just found my new tagline.


75 posted on 11/10/2007 2:16:30 PM PST by newzjunkey (Jelly donuts, being necessary to feed Elvis, the right of Elvis to get fat, shall not be infringed.)
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To: tarheelswamprat
And, he knows we really do want to hurt him...

Always have and always will. Ever since the very first day he asked the question.

76 posted on 11/10/2007 2:17:07 PM PST by Bloody Sam Roberts (Jet noise. The Sound of Freedom. - Go Air Force!)
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To: Military family member

"a well regulated militia being necessary... is NOT a present participle.
The present participle is a verb form ending in -ing"

Hmmm - so does that mean that 'be' is no longer a verb?

"To be, or not to be.  That is the question."

LOL 
;^D



 

77 posted on 11/10/2007 2:25:00 PM PST by RebelTex (Help cure diseases: http://www.freerepublic.com/focus/f-news/1548372/posts)
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To: ricks_place
...a gun in the hands of a responsible citizen is the equalizer.

As the old saying goes, "God made made man. Sam Colt made all men equal!".

78 posted on 11/10/2007 2:34:27 PM PST by TexasRedeye (Eschew obfuscation)
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To: VanShuyten
An ARMED English teacher, thank you.

Hehehehehe, sound s like my wife! Her favorite "style statement":

Image Hosted by MyFiero.com

79 posted on 11/10/2007 2:38:08 PM PST by TexasRedeye (Eschew obfuscation)
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To: Stepan12
I learned the hard way that our rights are enumerated — not granted

Congress' rights are enumerated. Not yours.

80 posted on 11/10/2007 2:39:44 PM PST by ModelBreaker
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