Thursday, April 6, 2017

+123 (second amendment interpretation 88)

In addition to how one may wonder about "necessary" being used for a secondary thing, one may also ask if that was the case then why pinpoint the "security" ? A militia could also make a significant difference responding to natural disasters for example?Why not instead just say "necessary" or "necessary to a free state" to strengthen the case with those significant additions? 
Also look at how the pre-final version of the Amendment said "being the security". This seems very clearly referring to a full role. And if "necessary" was added to allow for a secondary role then that could have better been expressed as "necessary for" instead of "necessary to" to strengthen that purpose by pointing at an already existing security regardless of its level. Moreover, that would not fit the essentiality  direction mentioned in post +119. If that was the purpose then why did it need to wait for the intermediate "being the security" stage instead of happening directly after the "being the best security" stage in the development of the Amendment.
While I may not be always able to bring myself to care about quotes from here and there showing how some people at that time took the Amendment, I find it very hard to ignore the development in its drafting. I think it is the most essential thing after the Amendment. Actually, saying "after" may not be accurate because the development in drafting can be seen as the root of the Amendment itself. I couldn't see the argument for the court expressing such thing as "dubious". In any case it said that in relation to its theory that the Amendment was codifying right originating from other reason(s) which is clearly was contested here.
By the way I looked for a more detailed drafting history but the link I mentioned in post +119 is the best I have found yet.        

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