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Politics : Impeach George W. Bush -- Ignore unavailable to you. Want to Upgrade?


To: jttmab who wrote (15785)10/21/2002 5:24:01 PM
From: TimF  Read Replies (1) | Respond to of 93284
 
You keep omitting the first clause

Because the first clause as a matter of simple English grammar does not specify any legal requirement or limitation or otherwise modify the point made by the 2nd clause. The amendment does not say "the rights of the militia' shall not be infringed", or "the rights of the state shall not be infringed".

Also because at least for many men its almost a unimportant point if the rights are really those of the militia because by law able-bodied males between seventeen and forty-five are members of the militia. But of course I wouldn't want to deprive older men or women of their second amendment rights.

As for the Miller decision.

"Although it appears as if interpretation of the Second Amendment was simple and obvious to the Court, the Court considered only the government's representations and arguments because the defendants did not appear and were not represented. Nonetheless, the Court did not find that the right to arms was a collective right, or that it belonged only to the militia or the National Guard. Furthermore, in remanding the case, the Supreme Court did not suggest that the district court inquire as to the defendants' membership in the militia or the National Guard."

familyguardian.tzo.com

Tim



To: jttmab who wrote (15785)10/21/2002 9:23:44 PM
From: ManyMoose  Read Replies (2) | Respond to of 93284
 
You're just like the rest of the gun control crowd. You don't have a reason, yet you persist. I don't leave out the first clause, I just believe that it does nothing to modify the second clause, Miller notwithstanding. That's an ancient case preceded by the Dredd Scott decision which held that negroes couldn't be persons because they didn't have the right (among other things) to keep and bear arms. The Supreme Court makes mistakes when it tries to satisfy political pressures, as both of these cases demonstrate.