The Second Amendment Really Is Poorly Written... - Page 2 - TigerDroppings.com

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SlowFlowPro
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re: The Second Amendment Really Is Poorly Written...


quote:

Yes, but that doesn't mean that the language has "evolved" into a better form

very debatable

quote:

or that those who read the current form can read the earlier form

not debatable and a huge problem






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FT
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re: The Second Amendment Really Is Poorly Written...


quote:


not debatable and a huge problem
Agree. It's why USSC Justices have to be extremely qualified. At the same time, I think the writers and ratifiers of the constitution understood that as the world advanced, the interpretation of some aspects of the constitution would be necessary.






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MoreOrLes
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re: The Second Amendment Really Is Poorly Written...


quote:

Anyone suggesting it is poorly written are reaching far so as to find reason to alter it to meet heir agenda.



Exactly and doing so under the guise of "A real conversation"



This post was edited on 3/31 at 10:56 pm


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junkfunky
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re: The Second Amendment Really Is Poorly Written...


quote:

The problem is with the well regulated militia part. It can reasonably be argued that a well regulated militia, according to the amendment, is the context in which "the people's right to keep and bear arms shall not be infringed".


Disagree. I think it's the justification for arms, so that a militia can actually be formed if needed. I do agree that it could have been worded better.






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FT
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re: The Second Amendment Really Is Poorly Written...


quote:

Anyone suggesting it is poorly written are reaching far so as to find reason to alter it to meet heir agenda.
What, exactly, does this statement mean?

If I think it's poorly written, it's because I can't readily determine what it's meant to mean. I offered an alternative writing of it based on typical interpretation of the amendment, and you came back with something wanting my aunt to have testicles.






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VOR
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re: The Second Amendment Really Is Poorly Written...


quote:

What, exactly, does this statement mean?

If I think it's poorly written, it's because I can't readily determine what it's meant to mean. I offered an alternative writing of it based on typical interpretation of the amendment, and you came back with something wanting my aunt to have testicles.



This board is a little sensitive and unforgiving when it comes to IT'S reading of the amendment. I've learned to live with it.






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SlowFlowPro
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re: The Second Amendment Really Is Poorly Written...


quote:

At the same time, I think the writers and ratifiers of the constitution understood that as the world advanced, the interpretation of some aspects of the constitution would be necessary.

i think they felt amendments were the vehicle to this goal...or new constitutions






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VOR
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re: The Second Amendment Really Is Poorly Written...


quote:

i think they felt amendments were the vehicle to this goal...or new constitutions


of course you do.






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FT
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re: The Second Amendment Really Is Poorly Written...


quote:

This board is a little sensitive and unforgiving when it comes to IT'S reading of the amendment. I've learned to live with it.
I have a very hard time having patience for it. Especially in this instance, where my rewritten form of the amendment is exactly in line with the writing that would almost completely eliminate all of the bitching they do now about gun control.






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los angeles tiger
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re: The Second Amendment Really Is Poorly Written...


quote:

i think they felt amendments were the vehicle to this goal...or new constitutions



But those get in the way for the left and their "living, breathing constitution." It's so much easier to say "it was meant to be interpreted this way." Of course, try that in court over a moving citation telling the judge you interpret Stop to mean to slow down a little as you go through the intersection, would get you laughed out of court.






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VOR
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re: The Second Amendment Really Is Poorly Written...


quote:

where my rewritten form of the amendment is exactly in line with the writing that would almost completely eliminate all of the bitching they do now about gun control.


But it doesn't matter. It's reflexive on their part.






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SlowFlowPro
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re: The Second Amendment Really Is Poorly Written...


well i mean there is a reason certain things were done via amendment, even after power grabs

the 13th, 18th/21st, and 19th amendments are really good examples of this

which of these would require an amendment today?






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dr smartass phd
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re: The Second Amendment Really Is Poorly Written...


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The problem is with the well regulated militia part. It can reasonably be argued that a well regulated militia, according to the amendment, is the context in which "the people's right to keep and bear arms shall not be infringed". It leads to a case for banning arms with impunity, so long as the banning doesn't interfere with the militia.



Comma - used to indicate a separation of ideas or of elements within the structure of a sentence.







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FT
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re: The Second Amendment Really Is Poorly Written...


quote:

But those get in the way for the left and their "living, breathing constitution." It's so much easier to say "it was meant to be interpreted this way." Of course, try that in court over a moving citation telling the judge you interpret Stop to mean to slow down a little as you go through the intersection, would get you laughed out of court.



The entire point of the supreme court is to interpret the constitution "this way". Not every issue that comes up will even be written about in the constitution. That's why they interpret it as best they can given what's there.






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TN Bhoy
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re: The Second Amendment Really Is Poorly Written...


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The entire point of the supreme court is to interpret the constitution "this way"


I personally think that judicial review is unconstitutional.






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SlowFlowPro
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re: The Second Amendment Really Is Poorly Written...


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Not every issue that comes up will even be written about in the constitution.

true, but you have to decide a lot more when you arbitrarily increase the power of the federal government

however i will say this. it is ironic that marbury v. madison was issued by our "founders" and expanded the powers of government beyond what was written in the constitution. it does provide an argument for that side






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FT
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re: The Second Amendment Really Is Poorly Written...


The version ratified by the states doesn't include the comma after "A well regulated militia being necessary to the security".





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SlowFlowPro
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re: The Second Amendment Really Is Poorly Written...


quote:

I personally think that judicial review is unconstitutional.


that was good timing on my part






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Revelator
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re: The Second Amendment Really Is Poorly Written...


quote:

They probably figured it wasn't very complicated and there was enough common sense out there to understand it.




Yes, people had a much greater grasp of the English language then before, t.v, radio, Internet, shorthand, etc.






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dr smartass phd
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re: The Second Amendment Really Is Poorly Written...


quote:

The version ratified by the states doesn't include the comma after "A well regulated militia being necessary to the security".



Link please or book reference.






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