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Originally Posted by dksuddeth
clear as mud. I'm not in the national guard or naval militia, yet I'm 'well-regulated'. 6 years of USMC training would have me 'well regulated', would it not?
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"A well regulated militia..." The militia is well regulated, not the people.
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Originally Posted by dksuddeth
so everyone who had a hand in crafting that one single 27 word amendment all unaminously decided that this particular amendment should be written using latin sentence structure, instead of english like all the others?  |
I'm surprised that someone so well versed in the history of the Second Amendment isn't clear on this. It's even mentioned in the wiki of the Second Amendment, let alone the numerous books and writings by experts on the subject. It borrows some latin sentence structure, which was quite common at the time.
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The Second Amendment is widely seen as quite unusual, because it has a justification clause as well as an operative clause. Professor Volokh points out that this structure was actually quite commonplace in American constitutions of the Framing era: State Bills of Rights contained justification clauses for many of the rights they secured. Looking at these state provisions, he suggests, can shed light on how the similarly structured Second Amendment should be interpreted. In particular, the provisions show that constitutional rights will often -- and for good reason -- be written in ways that are to some extent overinclusive and to some extent underinclusive with respect to their stated justifications.
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http://www.law.ucla.edu/volokh/common.htm