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NutmegYankee

(16,479 posts)
12. The first clause does not limit the second clause. It's actually common to Constitutions.
Sun Jan 10, 2016, 05:45 PM
Jan 2016

For instance the Rhode Island Constitution of 1842 stated:

Sec. 20 The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defense to the person charged.

Like many state Constitutions, it also stated:

Sec. 22 The right of the people to keep and bear Arms shall not be infringed.


The purpose of the right is well understood. The right of commoners to keep and own arms was part of English common law, as derived from the Saxon tradition. We codified that already existing right. An armed population had always been the traditional defense force of Republics up until that time and this country was going to need a similar defense.

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Not bolded in the original, elleng Jan 2016 #1
"The Amendment’s prefatory clause announces a purpose" 63splitwindow Jan 2016 #3
The Second Amendment of the United States Constitution reads: elleng Jan 2016 #5
Notice it addresses "a free state" as opposed to "the State." Nuclear Unicorn Jan 2016 #2
But why announce purpose at all? 63splitwindow Jan 2016 #4
Because it was drafted by a different group of people dumbcat Jan 2016 #9
That makes sense. nt 63splitwindow Jan 2016 #11
In other 18th century writing, yes. X_Digger Jan 2016 #23
Semantics Old Codger Jan 2016 #6
I am not asking what it means... 63splitwindow Jan 2016 #8
Ok I get that Old Codger Jan 2016 #14
:) Ask the NRA why they carefully did not engrave the Hortensis Jan 2016 #19
I really Old Codger Jan 2016 #24
Strictly speaking, my humor was directed at Splitwindow, Oldcrabby. Hortensis Jan 2016 #25
Oldcrabby??? N/T Old Codger Jan 2016 #26
Oh, sorry! Hortensis Jan 2016 #27
Apparently it's semantics until it isn't. Nuclear Unicorn Jan 2016 #20
Our opinions on this don't much matter. Judges have given interpretations HereSince1628 Jan 2016 #7
I agree on both your points... 63splitwindow Jan 2016 #10
Not opinion so much as what I was taught... HereSince1628 Jan 2016 #16
Thank you. nt 63splitwindow Jan 2016 #17
The first clause does not limit the second clause. It's actually common to Constitutions. NutmegYankee Jan 2016 #12
Its justificatory. beevul Jan 2016 #13
Several of the Founding Fathers were opposed to America having a standing army jmowreader Jan 2016 #15
Thank you. nt 63splitwindow Jan 2016 #18
Just ignore that part. moondust Jan 2016 #21
"Because I'm out of soda, I'm going to the store." -- do stores sell more than soda? X_Digger Jan 2016 #22
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