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To: wideawake
Bogus points to you if you can explain your "originalist" vs "strict constructionist" false dichotomy.

Here's a clue: an originalist tries to discern what the intent of the Framers was in drafting the Constitution and attempts to hew to their understanding of the Constitution.

I discern that the intent of the Framers in drafting the 2nd was to prevent infringements on owning/carrying arms. And I attempt to hew to that understanding of the Constitution.

A strict constructionist treats the Constitution as a self-contained document and attempts to interpret it on its own terms without reference to external factors like the intent of the Framers.

As a strict constructionist, I treat the 2nd as a self-contained amendment and can interpret it on its own terms without need to reference to external factors like the intent of the Framers.

My two positions do not conflict, - but please, feel free to ping me again when you have decided to take such matters seriously.

There will be many points of contact where a strict constructionist's conclusion and an originalist's conclusion will be identical - they are, after all, working from the same text.

Thank you for making my point.

However, there will be points where they bump heads.
The 2nd Amendment creates a potential conflict between the two views because an originalist will be relying on what the Framers notion of a "militia" is,

No, an originalist would realize that the explanation of why a free State needs a militia is not in conflict with the clear words that follow. Only socialist gun grabbers view the 2nd in that context.

while a strict constructionist can - but is not obligated to - take a more regulatory view of firearm ownership based on the use of "militia" in the text of the Amendment.

A strict constructionist is obligated to take the view that the right to own and carry arms shall not be infringed.

The two approaches are not identical.

Only in ~your~ mind are the two approaches in conflict. - You've bought into the majority rule "regulatory view" concept, imho.

163 posted on 05/29/2007 10:38:45 AM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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To: tpaine
You clearly have no interest in investigating the distinction between intentional and performative approaches to constitutional interpretation.

No one is "obligated" to interpret the Constitution your way.

165 posted on 05/29/2007 10:43:31 AM PDT by wideawake ("Pearl Harbor is America's fault, right, Mommy?" - Ron Paul, age 6, 12/7/1941)
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