Monday, May 27, 2019

+243 (second amendment interpretation 187: Question for the believers in the state right theory )

Although I do not do, or at least do much less relative to others, trying to contain the thinking of the makers of the constitution instead of trying to carefully follow what they said, I still wonder if the writer of this Article had also considered the counter way things fit. The original constitution looks more focused on creating the system while the Amendments look more focused on protecting the individual in that system. In addition to how their being Amendments and not continuation of the original suggests seeking a different purpose, the time  between the making of those two things adds more strength to that suggestion.
Anyway, reading there, it occurred to me that while I am trying to make the best argument I can for the capitalization of the word "state", why don't the believers in the state right theory at least start with explaining all those not capitalized "state" words in the development history, unlike the way that word was used to refer to the local states throughout the constitution before that point if that was the purpose? Actually, I could not find any other version in the development history with the word " state" capitalized except the last one which we have, and,  like I pointed out previously, I followed the link in the wiki Second Amendment article for the only other version written there with the word "state" capitalized and found it not capitalized in the source. And if it is to be argued back that the first comma made it hard to decide how to refer to the local states, I would ask about what made that comma that necessary to compete with the main purpose here, to begin with?  
Nevertheless, having myself lately slip in thinking again with regard to this distinction, I emphasis again that what concerns me is the direct implementation purpose for the part before the second comma. Otherwise, I don't see the state right theory as more unfit as a motive for the part after the second comma than, for example, self defense as a motive.   
         

No comments: