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Old 12-07-2007, 04:31 AM   #105
Urbane Guerrilla
Person who doesn't update the user title
 
Join Date: Jul 2002
Location: Southern California
Posts: 6,674
Quote:
Originally Posted by Happy Monkey View Post
No. But, legally speaking, if they intended the only enforceable part of the second amendment to be the second half, they should have left the first half off and put their justifications into a separate document. None of the other amendments have introductions.
Though there is no reason to actually expect that idea to carry water, in the Constitution or out of it. The Constitution is not entirely nor purely a legalistic document; it is in the nature of setting up the provisions of the social compact as well as the lineaments of the government.

Quote:
At the very least, the unique structure of the second amendment complicates an absolutist interpretation. Why have an explicit justification? Why, in that justification, further specify "well regulated" militias? The word "regulated" may have changed meanings slightly over he centuries, but I'd posit that whatever the meaning, it is there to differentiate between "a well regulated militia" and "a mob".
I would not read the clause as defying or complicating an "absolutist" interpretation at all. It is the consensus of Constitutional scholarship that the first clause of the sentence does not modify nor restrict the second clause. The sense of "well regulated" has been proven to have changed, also -- nowadays they would be termed "well trained," that is, skillful enough to be effective against an enemy force. Further, the explicit intent of the Militia Acts passed pursuant to this Amendment was to mandate the militia being every bit as well armed as the best national infantry and cavalry of the day. From this point of view, it is disturbing how comparatively less equipped we citizens, we Unorganized Militia as defined in USC Title 10, are in recent times. The Swiss show us that civilizations do not decay from exposure to selective-fire assault rifles with 200 rounds of ready ammunition in about every basement. Are the Swiss really so very different from us?

Your last point is your best; they weren't any happier about mobs then than they are now, as the developments of Shays' and the Whiskey Rebellions serve to illustrate. Put down with a bare minimum of casualties, too; maybe an officer's horse threw a shoe and some infantryman got a blistered heel. It was about like that.
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