Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

X_Digger

(18,585 posts)
22. "Because I'm out of soda, I'm going to the store." -- do stores sell more than soda?
Sun Jan 10, 2016, 06:46 PM
Jan 2016

Am I obligated to only buy soda?

18th century english was filled with this construction, {reason}, {statement}. For comparison, see Rhode Island's constitution, Article I, Section 20- "The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject..".

You seem to think that the bill of rights somehow limits rights to certain purposes, or 'grants' rights to people. It doesn't. The preamble is a great place to start:

[div class='excerpt']The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.

The Bill of Rights was intended as a 'the government shall not' document- "to prevent misconstruction or abuse of its powers"- not a 'the people can' document. If the Bill of Rights were a listing of all a person's rights, there would be no need for the ninth and tenth amendments ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." and "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." respectively.)

You should read other cases such as US v Cruikshank ("This right is not a right granted by the Constitution . . . neither is it in any manner dependent upon that instrument for its existence.&quot

Recommendations

0 members have recommended this reply (displayed in chronological order):

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
Latest Discussions»General Discussion»For the constitutional sc...»Reply #22