Second Amendment of the US Constitution ....
Guarantees the right to keep and bear arms. That, is clearly
and unambiguously written. What is rather muddy, however, is
the owner****p of the right. The authors of the second amend-
ment, assert its critics, had masterful command of rhetorics
but neophytic ineptitude in legalese. Surprisingly, however,
the 27 words has never been subjected to rigorous challenges
and the authors' intentions argued before the Supreme Court.
Today, it wants to hear "District of Columbia v. Heller".
Their decision, will have impacts far and wide on American's
cherished right to keep and bear arms. At issue: to whom is
the right conferred. Wa****ngton DC, passed ordinance banning
handgun owner****p within its jurisdiction. Mr. Heller, was a
local citizen who wanted to keep a handgun for self defense.
He applied for a gun permit and was denied. Then, he sued on
ground of second amendment right violation.
While the second amendment has a mere 27 words, its meanings
can be radically different, according to English grammatical
rules. The text of the amendment is straight forward enough:
"A well regulated militia, being necessary to the security
of a free State, the right of the people to keep and bear
Arms, shall not be infringed."
The judge sided with Wa****ngton DC, and tossed out the case,
citing the first clause "a well regulated militia" is an un-
mistakable qualifier on the owns of the right. Mr. Heller is
not a militia of the state. Therefore, argued the court, he
is not entitled to the right to keep and bear arms.
Mr. Heller appealed, and argued successfully that the begin
-ning clause is but a declarative preamble. It expresses the
the authors' intend and as such, is not operative. It is the
concluding clauses that are operative. The authors' intend,
he argued, is empowering the general populace, as a credible
defense of the state, against tyranny of the federal govern-
ment. By a vote of 2 to 1, the appellate court agreed.
Now that hot potato is on the laps of the top jurists of the
US Supreme Court. "District of Columbia v. Heller" has been
granted the status of certiorari. They'll hear the arguments
and then choose sides: Is it bad English?
Or calculated confusion? .... :)
Regards,
Albert K. Fung
La Brisas/Valle de Guadalupe, Baja California, Mexico.
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