Skip to main content

View Diary: The Second Amendment was Ratified to Preserve Slavery (294 comments)

Comment Preferences

  •  You can't be serious, right, word games now? (2+ / 0-)
    Recommended by:
    Robobagpiper, FrankRose

    Is this some Orwellian alternate universe I've stumbled into?

    It was adopted without the final phrase and was added to the list of amendments that were collectively presented to the States for Ratification.

    So, you are still mistaken, the amendment was adopted, period.

    It still does not negate the historical fact they were discussing an individual unalienable right OR the fact they were trying to protect that specific understanding by removing the final phrase.

    -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

    by gerrilea on Tue Jan 15, 2013 at 11:50:27 PM PST

    [ Parent ]

    •  Not word games, statutory construction. (0+ / 0-)

      I'm a lawyer, and when courts interpret statutes, they often look to how a statute develops through the drafting and enactment process.  One common practice is to look at language that was proposed but rejected.  Courts presume that if a legislative body was offered the opportunity to adopt particular language and then failed to do so, the legislature's intent differs from that expressed by the language that was proposed but not adopted.

      This is a standard approach to statutory interpretation.  For that reason, I pointed out that the failure to insert the language you quoted into the final text of the Second Amendment undermines your argument.  Those who voted on the Bill of Rights could have enacted New Hampshire's suggested language about Congress not disarming any citizen.  They did not.  That is evidence they did not embrace that idea.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Wed Jan 16, 2013 at 04:16:57 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (160)
  • Community (66)
  • Baltimore (48)
  • Bernie Sanders (37)
  • Civil Rights (36)
  • Culture (31)
  • Law (25)
  • Elections (24)
  • Freddie Gray (23)
  • Hillary Clinton (21)
  • Economy (21)
  • Education (21)
  • Rescued (20)
  • Racism (20)
  • Texas (20)
  • Labor (19)
  • 2016 (18)
  • Environment (18)
  • Media (17)
  • Politics (17)
  • Click here for the mobile view of the site