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jimmy the one

(2,716 posts)
7. Can't use the grammar ruse anymore, lizzie
Wed Jan 16, 2013, 04:35 PM
Jan 2013

lizzie: The linguistic analysis, however, is unequivocally in favor of the individual right interpretation. The structure of the language of the amendment simply cannot be validly parsed to restrict the right to the militia. The ascription of the right is made to the set "the people," not to the militia subset

.. the 2ndAmendment's grammar, is UNEQUIVOCALLY in favor of the individual interpretation?
Sorry, you can't use that ruse anymore, since scalia in 2008 heller ruled that:

According to Justice Scalia, the “militia” reference in the first part of the amendment simply “announces the purpose for which the right was codified: to prevent elimination of the militia.”

See? scalia himself linked the two clauses, the individual RKBA clause (accd'g to him) was there to 'prevent elimination of the militia', which in itself shoots down your 'unequivocal interp of individual rkba' baloney.

But {scalia} added that this “prefatory statement of purpose” should not be interpreted to limit the meaning of what is called the operative clause — “the right of the people to keep and bear arms, shall not be infringed.” Instead, Justice Scalia said, the operative clause “codified a pre-existing right” of individual gun ownership for private use.
http://www.nytimes.com/2008/06/27/washington/27scotuscnd.html?pagewanted=all&_r=0

As I said you can't use that ruse anymore.
Furthermore, ms linguistics, note that scalia cited one wm rawle from 1825 as saying this:

Rawle, as quoted by scalia,2008: "In the second article, it is declared, that a well regulated militia is necessary to the security of a free state; a proposition from which few will dissent. ......
The corollary, from the first position, is, that the right of the people to
keep and bear arms shall not be infringed.


Scalia ruled, 2008: "The Court based its reasoning on the grounds that the operative clause of the Second Amendment -- 'the right of the people to keep and bear Arms, shall not be infringed' -- is controlling and refers to a pre-existing right of individuals to possess and carry personal weapons.."

There's the new conundrum scalia has put you in, ms linguistics, explain how the individual RKBA COROLLARY, controls the militia clause proposition, it is DERIVED FROM.
(A corollary by definition is derived from a higher proposition above it, a derived inference from a higher rule or law, IT CANNOT CONTROL THE PROPOSITION IT WAS DERIVED FROM)..

K&R friendly_iconoclast Jan 2013 #1
He's in with Scalia don't you know. nt jmg257 Jan 2013 #2
cannot comply jimmy the one Jan 2013 #3
The Democratic Party platform says exactly the same thing. hack89 Jan 2013 #4
I'll leave the legal interpretation to others... Lizzie Poppet Jan 2013 #5
Can't use the grammar ruse anymore, lizzie jimmy the one Jan 2013 #7
Ruse? Um...no. Lizzie Poppet Jan 2013 #9
fallacies abound, from lizzie jimmy the one Jan 2013 #10
Please tell me you're making this up as you go along. Lizzie Poppet Jan 2013 #22
I think Lizzie checkmated you. Your view is strained to the point of intellectual hernia. Eleanors38 Jan 2013 #32
Read the preamble jimmy. N/T beevul Jan 2013 #11
Bullshit. He didn't seem to have a problem denying the validity of Citizens United. cherokeeprogressive Jan 2013 #31
seems like he also affirmed self defense as a legitimate purpose of firearm ownership bubbayugga Jan 2013 #6
is the jig up? jimmy the one Jan 2013 #8
Obama: "The type of assault rifle used in Aurora..." DanTex Jan 2013 #12
constitutional scholar doesn't equal firearms expert. gejohnston Jan 2013 #17
He's not speaking as a constitutional scholar, he's speaking as a politician. DanTex Jan 2013 #20
If you really want to believe that, gejohnston Jan 2013 #21
LOL, is that the new grabber-meme for Obama's clear concise individual right affirmation? nt OneTenthofOnePercent Jan 2013 #25
Obama: it’s time for Congress to require a universal background check for anyone trying to buy a gun DanTex Jan 2013 #13
Obama: Weapons designed for the theater of war have no place in a movie theater. DanTex Jan 2013 #14
constitutional scholar doesn't equal firearms expert. gejohnston Jan 2013 #18
You won't see a stop to it because ... holdencaufield Jan 2013 #15
Obama: "I started getting a lot of letters from kids. Four of them are here today" DanTex Jan 2013 #16
Sure - why not. nt hack89 Jan 2013 #23
Obama: "We don’t benefit from not knowing the science of this epidemic of violence" DanTex Jan 2013 #19
Lets see what science they produce first. nt hack89 Jan 2013 #24
lizzie concedes afte 3 whacks jimmy the one Jan 2013 #26
The President and our party platform say it is an individual right. nt hack89 Jan 2013 #27
What about 4 liberal justices ruling for militia interp? jimmy the one Jan 2013 #28
One wonders why didn't you actually *quote* the dissent in Heller? friendly_iconoclast Jan 2013 #29
iconoclast's canard jimmy the one Jan 2013 #30
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