The Second Amendment

September 6, 2008

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.

Those commas are a disaster, but at the end it says “shall not be infringed.”  It might be nice to infringe that right these days, but I don’t see how you could possibly argue it was constitutional.  Try this out as a comparison:

A free speaking people, being necessary to the security of a free State, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Nor does it make any difference if the premise is mistaken or irrelevant:

Santa Claus, being a well known pederast, No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The fact that Santa Claus is neither a pederast, nor exists, nor is in any way germane to the question of quartering soldiers, seems immaterial to whether the rest of that hypothetical amendment is in force.

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