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- From: kevin@rotag.mi.org (Kevin Darcy)
- Newsgroups: talk.abortion,misc.legal
- Subject: Re: Blackmun calls the Roe v. Wade dividing line "arbitrary"
- Message-ID: <1993Jan26.224354.6926@rotag.mi.org>
- Date: 26 Jan 93 22:43:54 GMT
- References: <1jtq56INNs2v@shelley.u.washington.edu> <1993Jan25.020911.27901@rotag.mi.org> <1k2juqINNfig@shelley.u.washington.edu>
- Organization: Who, me???
- Lines: 52
-
- In article <1k2juqINNfig@shelley.u.washington.edu> tzs@carson.u.washington.edu (Tim Smith) writes:
- >kevin@rotag.mi.org (Kevin Darcy) writes:
- >>Gee, an anti-gun-control nut crawls out of the woodwork. The Net is surprised..
- >>
- >>>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
- >
- >You appear to be assuming that "well-regulated" means "under the control of
- >the government." This is not correct -- "well-regulated" means approximately
- >"functioning well."
-
- I disagree, and so does every etymological source I've checked. The only
- people who seem to believe this are those arguing for a particular, anti-gun-
- control interpretation of the 2nd Amendment. Coincidence?
-
- Besides, even if we grant "well-regulated", there is still that bothersome
- _piece de resistance_ -- "necessary to the security of a free state". How
- do you respond to, for instance, the Mafia example? They're well-regulated,
- and, arguably, military in form ("militia"). But they're not necessary to
- the security of a free state. Do they get an automatic RKBA or not?
-
- >There was a Supreme Court case from the 1930's that contained a good historical
- >examination of the meaning of the Second Amendment. I don't have the
- >cite handy, but it should not be hard to find.
-
- I'd be interested in seeing an electronic copy of that. If it's the decision
- I've seen paraphrased in net.debates before, I have a feeling the issues which
- were addressed in it weren't so general as to support an anti-gun-control
- interpretation for ANY AND ALL purposes, just certain ones.
-
- >You are also incorrect in assuming that I am anti-gun-control.
-
- And you were incorrect in assuming that I have not researched the issue, and/or
- that I do not know the history and meaning of the key terms. Usually, such
- patronizing insults come only from ruffled anti-gun-control nuts. If I
- mischaracterized your political position based on your tone, I apologize.
-
- >However, just
- >because I would like to see a lot of people who currently have guns not be
- >able to have them, does not mean that I am going to support misreading
- >the Constitution.
-
- And I say just the converse -- I'm nominally anti-gun-control, but I don't
- think that specious Second Amendment arguments are, strategically, the proper
- way to fight gun control initiatives. If that much legal "ammo" is needed,
- push for a new Amendment. Isn't that the "well-regulated" thing to do? :-)
-
- - Kevin
-