Although a general reference to a "cautionary approach" in writing a constitution was made in the preceding post, the huge issue of taking the risk of making a mere clarifying intent susceptible to being taken for affecting execution especially with a statement that lends itself to that like the part before the second comma in the Amendment deserves a very special and big shout by itself. It is hard to avoid seeing such view as uncalled for insult at least when the absence of things suggesting something even close to such recklessness in the Constitution is considered. The Amendment could have been written in a way where the part before the second comma is dissolved within the part after it (like in Because a well regulated militia is necessary to the security of a free State, the right ...) instead of this clear separation form and the risk of seeing the part before the second comma as controlling the execution of the part after it would have been still huge.
So even without considering whose view would get more votes inside the country or out, this point by itself makes merely finding my view as reasonable alternative a huge problem for the view of the court but not vice versa.
No comments:
Post a Comment