gungasnake wrote:OmSigDAVID wrote:
We have had several IMPARTIAL respected experts on English grammar
analyze the 2nd Amendment, all of whom agreed that the operative clause concerning the right of the people was in no way limited by the considerations of the militia.
One of my tenants, an English professor of Queens College NY, a liberal Democrat with whom I 've had many ideological debates, agrees that this is the only grammatically correct understanding of the amendment.
The amemdment could as easily read:
Quote:
Due to the well known fact that a wet bird never flies at night, the right of the people to keep and bear arms shall not be infringed.
The dependent clause is merely a motivation; the clear statement that the right of the people to keep and bear arms shall not be infringed, is the law.
THAT 's ABSOLUTELY RIGHT.
We are also informed as to whom these rights belong.
In the case of US v. VERDUGO (199O) 11O S.Ct. 1O56
(at P. 1O61) the US Supreme Court declares that:
" The Second Amendment protects
'the right of the people to keep and bear arms' ".
THE SUPREME COURT THEN PROCEEDS TO DEFINE " THE PEOPLE " AS BEING THE
SAME PEOPLE WHO CAN VOTE TO ELECT THE US HOUSE OF REPRESENTATIVES
EVERY SECOND YEAR. (Notably, one need not join the National Guard
in order to vote for his congressman.) The Court further defined
"the people" to mean those people who have a right peaceably to
assemble [1st Amendment] and those who have the right to be free of
unreasonable searches and seizures [4th Amendment] in their persons
houses, papers and effects (personal rights, not rights of states,
as the authoritarian-collectivists allege of the 2nd Amendment).
THE COURT HELD THAT THE TERM "THE PEOPLE"
MEANS THE SAME THING
EVERYWHERE THAT IT IS FOUND IN THE CONSTITUTION OF 1787, and
EVERYWHERE THAT IT IS FOUND IN THE BILL OF RIGHTS.
In VERDUGO (supra), the Court indicated that the
same people are
protected by the First,
Second, Fourth, Ninth and Tenth Amendments;
i.e.,
the people who can speak and worship freely can bear arms.
It is most noteworthy that the Court RELIED upon its definition of
"the people". Its conclusion in the VERDUGO case is founded upon that definition,
so that
stare decisis attaches, thus creating binding judicial precedent,
explaining WHO THE PEOPLE ARE who have the said rights
David