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Politics : Sharks in the Septic Tank
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To: Neocon who wrote (74242)9/10/2003 1:22:44 PM
From: TimF  Read Replies (1) of 82486
 
It is probably the rationale for much of the 1st amendment but that doesn't mean it was part of the amendment.

In the 2nd amendment the rationale is stated as part of the amendment but the rationale itself is not a legal requirement or prohibition. The right to keep and bear arms was recognized at least partially for the reason that it would help in the creation of a militia, but that doesn't mean the 2nd amendment is in any way limited to the militia because the right is stated as "the right of the people". So even where the rationale is actually part of the amendment it doesn't change the amendment itself. If anything that supports the rationale can be considered an active, enforceable part of the amendment the constitution becomes so twistable that it can mean almost anything, and so effectively it means almost nothing.

Tim
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