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- Xref: sparky talk.abortion:57929 misc.legal:23288
- Newsgroups: talk.abortion,misc.legal
- Path: sparky!uunet!cs.utexas.edu!sdd.hp.com!nigel.msen.com!heifetz!rotag!kevin
- From: kevin@rotag.mi.org (Kevin Darcy)
- Subject: Re: Blackmun calls the Roe v. Wade dividing line "arbitrary"
- Message-ID: <1993Jan25.020911.27901@rotag.mi.org>
- Organization: Who, me???
- References: <C0xCws.5yB@news.cso.uiuc.edu> <1993Jan24.024901.21410@rotag.mi.org> <1jtq56INNs2v@shelley.u.washington.edu>
- Date: Mon, 25 Jan 1993 02:09:11 GMT
- Lines: 29
-
- Gee, an anti-gun-control nut crawls out of the woodwork. The Net is surprised...
-
- In article <1jtq56INNs2v@shelley.u.washington.edu> tzs@stein.u.washington.edu (Tim Smith) writes:
- >kevin@rotag.mi.org (Kevin Darcy) writes:
- >>there is a rule of statutory construction called _expressio unius est exclusio
- >>alterius_ (literally: "the expression of one thing is the exclusion of
- >>another"). I have invoked _expressio unius_ many times in explaining to the
- >>RightToKeepAndBearArms fanatics why the Second Amendment only applies to the
- >>"well-regulated militia".
- >
- >There's another rule of statutory construction called _find out what the words
- >mean_. If you apply this to "well-regulated militia" you will find out that
- >nearly everyone in the NRA, for example, is a member, ...
-
- They may (arguably) qualify under "militia", maybe, but what about the "well-
- regulated" part? And what about the "necessary to the security of a free
- state" part? Do they meet ALL of the qualifications?
-
- Sorry, it just doesn't wash. The Mafia soldiery, for instance, is probably a
- more well-regulated militia than the NRA will EVER be, but since they aren't
- "necessary to the security of a free state", they don't get an automatic RKBA.
- The NRA isn't necessary, either. The various military and law-enforcement
- agencies can train their own recruits without the NRA's help.
-
- If you want a Constitutionally-protected RKBA, pass an Amendment. You might
- even get my support in that effort. But stop trying to hijack the Second,
- please.
-
- - Kevin
-