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Politics : View from the Center and Left
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To: TimF who wrote (74681)7/3/2008 5:33:08 PM
From: Cogito  Read Replies (1) of 543192
 
>>These provisions, I believe, shed some light on the interpretation of the Second Amendment:

1. They show that the Second Amendment should be seen as fairly commonplace, rather than strikingly odd.
2. They rebut the claim that a right expires when courts conclude that the justification given for the right is no longer valid or is no longer served by the right.
3. They show that operative clauses are often both broader and narrower than their justification clauses, thus casting doubt on the argument that the right exists only when (in the courts' judgment) it furthers the goals identified in the justification clause. 8
4. They point to how the two clauses might be read together, without disregarding either...<<

Tim -

1 -I never said I thought the Second Amendment was odd. Just unclear. And it does remain unique among the Amendments to the US Constitution, in that it is the only one with a justification clause.

2 - I don't see how these examples rebut any such claim. None of the justifications given as other examples of such clauses appear to have reached the point where they are no longer valid.

3 and 4 - I think any of these rights have to be considered individually, and the Constitutions in which they are embodied are subject to our best interpretation of the meaning of the words.

- Allen
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