Friday, March 30, 2018

+176 (second amendment interpretation 124)

Continuing from the preceding post:
If you can add support from both sides why would you be content with one? It is not like the part after the second comma calls for a hardly related thing. No, like how the militia in the part before that comma refers to an assembly where quantity  of people is utmost importance, the Arms in the part after has its best effect through the magnitude of the quantity of people it empowers. And both fit with the pointing to the status of the militia with "being" because of the importance of that quantitative measure for security at that time.   

+175 (second amendment interpretation 123)

There is a scene in The King of Queens sitcom where the guy was bringing together bread slices and peanut butter and jelly and his father in law asks him if he was making a sandwich so the guy responds sarcastically "What gave me away?". Here also, you have "being" pointing at that environment (unless you take the part before the second comma as purely  conditional or hypothetical which is even better for my position) and you have from the other side the part after the second comma gives a right related to arms, yes arms not weapons in general, in an environment, far from being like ours, where generally the biggest factor for wining battles is the number of persons on a side with their arms. Moreover the word "arms" was not let loose but it was capitalized by the same people who did not capitalize the word "law" anywhere in the Bill of Rights despite being capitalized everywhere it was mentioned in the constitution. 

Wednesday, March 21, 2018

+174 (second amendment interpretation 122)

To this moment all the general Second Amendment applicability arguing I have found wherever I look has been about whether it gives a right to keep and bear arms to individuals or collectively, without ever reading or hearing even one person suggesting or even just wondering why "being" should not be understood as limiting applicability to the kind of that referred situation.
Who would have thought that in real life one reaches a place worthy of being with those in Gulliver Travels
By the way, in case it is thought otherwise, the reference to the part before the second comma as "controlling" the execution of the part after it was an indirect one passing thorough that the part before the second comma should be intended for an effect which happened to be controlling here (in the sense of yes or no depending on fitting the condition or environment described in that part).   

Wednesday, March 14, 2018

+173 (second amendment interpretation 121)

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.

Tuesday, March 13, 2018

+172 (second amendment interpretation 120)

Continuing from the preceding post:
Even with things directed at specialties, it is hardly seen unwise to seek the view of the fresh external eyes of a layman. On the other hand although a constitution is like a manual for a device with dangerous consequences if miss used, that manual was written for the public. Even if that manual also contains some parts designated for sophisticated users, the average person should not need more than careful reading and self control to follow the instructions of a manual when starting at the root. Likewise, here we are not differing on the extent to which something should be applied in this discussion about the Second Amendment but on its core meaning. Also the opposite side did not make any argument showing why the meaning it claims needed to be expressed in that manner for one to assume there was a need for a different start here.  That of course goes on top of the need to justify the existence of making a part like that for only a clarifying purpose there especially in short amendments showing focus on executionary use like those in the Bill of Rights to begin with. Even where there is much less needed cautionary approach than that of writing a constitution, how often have you seen in the operating or assembly instructions of a manual a part intended for no execution like the other side argues for the part before the second comma of the Amendment?
By the way, usually when someone suggests a meaning that is not the direct one like this court did with the word "being" in the Amendment that lacking gets offset by that meaning being the more obvious one but in this case the court has neither. 

Monday, March 12, 2018

+171 (second amendment interpretation 119)

Again, I want to go back to ask how much people here are unexcused for interpreting the Second Amendment this wrongly despite its clear meaning to everybody else? This is not like something that can be only witnessed and tested in a lab or an internally felt or experienced thing so one may doubt if others can really see the same thing, for people here to act like they are alone in the world. The Amendment is a text that can be submitted to anybody to read and was written in a language that is already either the first or the second for most of the world. I would be very surprised if any reasonable percentage of people would not be inclined to my view far more than the current interpretation and that they would accept taking my view as the interpretation for the Amendment at least at the same proof standard the Supreme Court here accepts interpretation for other amendments and like sky to earth at the level the court may interpret things when it gets hijacked internally by psychological motives like the way it took the establishment clause of the First Amendment. Actually, would there be any reasonable percentage considering the current interpretation as an alternative unless it is brought to them, to begin with? What has been going on here is much more like having a party than serious interpretation. Do you really think that any normal person outside would be anywhere close to taking "being" far from its direct meaning and that the part before the second comma was not intended to affect execution of the part after it like it has been taken here? If you do then lets do this test.