Newsgroups: sci.lang
Path: cantaloupe.srv.cs.cmu.edu!das-news2.harvard.edu!news2.near.net!news.mathworks.com!udel!gatech!howland.reston.ans.net!pipex!uunet!psinntp!iclink!scc
From: scc@reston.icl.com (Stephen Carlson)
Subject: Re: Second Amendment Language
Message-ID: <D25sEw.B8E@reston.icl.com>
Date: Mon, 9 Jan 1995 22:13:43 GMT
References: <3ei2af$4e8@umd5.umd.edu> <D20AFs.DD4@world.std.com>
Organization: International Computers Limited, Reston, Virginia, USA
Keywords: guns, philology
Lines: 46

In article <D20AFs.DD4@world.std.com> jcf@world.std.com (Joseph C Fineman) writes:
>jmu@hamlet.umd.edu (James Unger) writes:
>
>>	"A well regulated Militia, being necessary to the
>>security of a free State, the right of the people to keep
>>and bear arms, shall not be infringed."
>>	
>>	The normal interpretation of this is "to the extent
>>that a well regulated Militia may be necessary to the
>>security of a free State (and only to that extent), ..."
>>Many U.S. court decisions adopt this view.

This is not the normal interpretation of the clause, and
Mr. Unger will find very few courts agreeing with him.

>>	The currently popular right-wing interpretation of this is
>>"because it is a fact that a well regulated Militia is
>>(always) necessary to the security of a free State, ..."
>
>I have never considered myself a right-winger, and I could probably
>live with a repeal of the 2nd Amendment, but on grammatical grounds I
>agree with the second interpretation.  If I were a Supreme Court
>Justice, I would rule that the meaning is that the government cannot
>interfere in any way with the bearing of such arms as existed in the
>late 18th century.

I'm not sure how you are justified in limiting the meaning of arms
to the late 18th century, when we apply the Fourth Amendement "right
of the people to be secure in their persons, houses, papers, and
effects" against wiretapping and the Eighth Amendment's "cruel and
unusual punishment[]" to flogging.

Furthermore, a strict "original intent" analysis requires a recogitition of
whose intent.  The Bill of Rights originally applied only the Federal
government.  There are several State constitutional guarantees concerning
arms, passed at various points in our history.  Although various provisions
of it have been "selectively incorporated" against the States, the Second
Amendment has never been.  However, if the NRA gets it way in applying the 
Second Amendment to the States via the Fourteenth Amendment, then perhaps
the 1868 (not the 1789) meaning of "arms" would control.

Stephen Carlson
-- 
Stephen Carlson     :  Poetry speaks of aspirations,  : ICL, Inc.
scc@reston.icl.com  :  and songs chant the words.     : 11490 Commerce Park Dr.
(703) 648-3330      :                 Shujing 2:35    : Reston, VA  22091   USA
