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To: robertpaulsen

What if the entirety of the Second Amendment read “The right of the People to keep and bear Arms?”


51 posted on 03/16/2008 4:12:58 PM PDT by wastedyears (IRON MAIDEN TONIGHT)
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To: wastedyears
"What if the entirety of the Second Amendment read “The right of the People to keep and bear Arms?”

That's like me asking, "What if the entirety of the Second Amendment read 'A well regulated Miltia is necessary to the security of a free state'."

63 posted on 03/16/2008 4:40:39 PM PDT by robertpaulsen
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To: wastedyears
wastedyears said: What if the entirety of the Second Amendment read “The right of the People to keep and bear Arms?”

It's meaning would be the same.

I was pleased to see in one of the briefs filed in Heller that the topic of prefatory language has been addressed quite thoroughly by the courts. It has been recognized that such language does not limit the scope of the operative clause.

90 posted on 03/16/2008 6:14:18 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: wastedyears
What if the entirety of the Second Amendment read “The right of the People to keep and bear Arms?”

Did you mean to add "shall not be infringed"? Absent the "militia" phrase, a tyrant could reasonably argue that it only protected, say, hunting or sporting weapons. As it is, however, it protects at minimum those weapons which could be usefully taken up as arms in a well-functioning group of citizens joined together to defend their community.

99 posted on 03/16/2008 6:48:39 PM PDT by supercat
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