04 January 2013

Limiting the Government or Granting a Right?

My gun girl, FateOfDestinee, posted a video as Professor Des today answering the question: does the Second Amendment grant the right to bear Arms or restrict Gun Control? I followed up with a few comments:

Back in ancient history, we "diagrammed" sentences in Junior High English. The Second Amendment's base sentence is: "A well-regulated Militia | shall not be infringed" AND is modified by an adverbial clause of explanation and description: "being necessary to the security of a Free State" AND IN PARALLEL the subject is also a noun phrase "the right of the people to keep and bear Arms". So, it could be written "The right of the people to keep and bear Arms shall not be infringed". So, Dr. Puzzle agrees that, just like Professor Des says, the right is not granted by the amendment but is recognized and the government, actually any person or organization, is specifically restricted from infringing on the specific right.

The kicker, that few people know or mention apparently, is that the Second Amendment AS RATIFIED BY THE STATES AND AUTHENTICATED BY Thomas Jefferson, Secretary of State [in accordance with procedure and protocol and what actually is in the files, despite the handwritten in the original Bill of Rights] is: "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." [Young, David E., The Founders' View of the Right to Bear Arms, p.222.] Young book

Same bottom line, but even more clear!
Other things to check out:
Of Arms and the Law; commas in the Second Amendment
JOURNAL ON FIREARMS &PUBLIC POLICY.The American Revolutionary Era Origin of the Second Amendment's Clauses

Young's commentary summarized:
  • Jefferson's Official Imprint
  • As a final observation on these interesting Second Amendment variations, Thomas Jefferson as Secretary of State in the Washington Administration prepared an official printing of the amendments. This is the version that he authenticated as being the amendments proposed by Congress, ratified by the state legislatures, and made part of the Constitution under the ratification procedure set forth in Article V. Jefferson's official imprint of the Second Amendment has one middle comma with only the leading word, "A", of the sentence capitalized. [FVRBA pp.221-222]
  • The argument from those who have insisted that the "original" copy of the Second Amendment from Congress containing three commas must be consulted to fully understand its intent is contradicted by these numerous official versions of the Second Amendment as ratified by the state legislatures as well as by Jefferson's printing. Clearly, Jefferson's official imprint, as the National Archives refers to it, is the official version of the ratified Second Amendment recognized and authenticated by the executive branch of the Federal government itself.
  • Commas Don't Count
  • The point here is that it is rather futile and potentially misleading to argue the intent of a sentence written at that time in history and based almost exclusively on how many commas it contained. Arguments about comma count within the "original" copy of the Second Amendment add no clarity to discussion of its intent and have often been used to divert attention away from the Second Amendment's actual Bill of Rights history and context. A full understanding of Second Amendment developmental history makes the meaning of its language very clear and helps avoid the pitfalls associated with deciding meaning based on the number of commas contained in the "original" version.

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