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To: Sherman Logan

Would you be fine with the Supremes taking away the 2nd Amendment?


272 posted on 12/02/2008 5:05:09 AM PST by panthermom
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To: panthermom

Not fine with it at all.

The plain meaning of the 2nd Amendment is obvious. If the Supremes were to invalidate it, they would be acting in direct opposition to the document that is itself their source of legitimate authority.

But I’m not willing to go to war over a legitimately debatable point such as the definition of “natural-born citizen.”

In fact, if you were to actually read the decision I’ve posted several times, it is obvious that the term was a familiar common-law one to the Founders. Its meaning as such does not support your position. Under common law the primary method by which citizenship was acquired was place of birth. Only a few very minor exceptions existed. None apply to Obama.

Excluding Obama as not being a “natural-born” citizen, assuming he was born in the USA, would require applying new meanings to the term that would not have been familiar to the Founders. They are meanings that come from Roman and French law, not English common law.

Applying new meanings to terms used in the Constitution is not good originalist doctrine. In fact, it’s exactly how we got into our present mess with activist courts. I’ll take an Obama presidency over more Constitution-twisting.


273 posted on 12/02/2008 5:40:13 AM PST by Sherman Logan (Everyone has a right to his own opinion, but not to his own facts.)
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