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THE UNABRIDGED SECOND AMENDMENT

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schnellfeuer Donating Member (91 posts) Send PM | Profile | Ignore Sat Aug-30-03 04:08 PM
Original message
THE UNABRIDGED SECOND AMENDMENT
http://www.comeandtakeit.com/2ahist.html#LINGUST2

"....who would you call if you wanted the top expert on American usage, to tell you the meaning of the Second Amendment to the United States Constitution ?

That was the question I asked A.C. Brocki, editorial coordinator of the Los Angeles Unified School District and formerly senior editor at Houghton Mifflin Publishers -- who himself had been recommended to me as the foremost expert on English usage in the Los Angeles school system. Mr. Brocki told me to get in touch with Roy Copperud, a retired professor journalism at the University of Southern California and the author of "American Usage and Style: The Consensus."

A little research lent support to Brocki's opinion of Professor Copperud's expertise.

Roy Copperud was a newspaper writer on major dailies for over three decades before embarking on a a distinguished 17-year career teaching journalism at USC. Since 1952, Copperud has been writing a column dealing with the professional aspects of journalism for "Editor and Publisher", a weekly magazine focusing on the journalism field.

He's on the usage panel of the American Heritage Dictionary, and Merriam Webster's Usage Dictionary frequently cites him as an expert. Copperud's fifth book on usage, "American Usage and Style: The Consensus," has been in continuous print from Van Nostrand Reinhold since 1981, and is the winner of the Association of American Publisher's Humanities Award."

After a brief telephone call to Professor Copperud in which I introduced myself but did not give him any indication of why I was interested, I sent the following letter:

"I am writing you to ask you for your professional opinion as an expert in English usage, to analyze the text of the Second Amendment to the United States Constitution, and extract the intent from the text.

"The text of the Second Amendment is, 'A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'

"The debate over this amendment has been whether the first part of the sentence, 'A well-regulated Militia, being necessary to the security of a free State', is a restrictive clause or a subordinate clause, with respect to the independent clause containing the subject of the sentence, 'the right of the people to keep and bear Arms, shall not be infringed.'

"I would request that your analysis of this sentence not take into consideration issues of political impact or public policy, but be restricted entirely to a linguistic analysis of its meaning and intent. Further, since your professional analysis will likely become part of litigation regarding the consequences of the Second Amendment, I ask that whatever analysis you make be a professional opinion that you would be willing to stand behind with your reputation, and even be willing to testify under oath to support, if necessary." .........


"In reply to your numbered questions:

"(1) Can the sentence be interpreted to grant the right to keep and bear arms solely to 'a well-regulated militia'?"

"(1) The sentence does not restrict the right to keep and bear arms, nor does it state or imply possession of the right elsewhere or by others than the people; it simply makes a positive statement with respect to a right of the people."

"(2) Is 'the right of the people to keep and bear arms' granted by the words of the Second Amendment, or does the Second Amendment assume a preexisting right of the people to keep and bear arms, and merely state that such right 'shall not be infringed'?"

"(2) The right is not granted by the amendment; its existence is assumed. The thrust of the sentence is that the right shall be preserved inviolate for the sake of ensuring a militia."

"(3) Is the right of the people to keep and bear arms conditioned upon whether or not a well regulated militia, is, in fact necessary to the security of a free State, and if that condition is not existing, is the statement 'the right of the people to keep and bear Arms, shall not be infringed' null and void?"

"(3) No such condition is expressed or implied. The right to keep and bear arms is not said by the amendment to depend on the existence of a militia. No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as a requisite to the security of a free state. The right to keep and bear arms is deemed unconditional by the entire sentence."

"(4) Does the clause 'A well-regulated Militia, being necessary to the security of a free State,' grant a right to the government to place conditions on the 'right of the people to keep and bear arms,' or is such right deemed unconditional by the meaning of the entire sentence?"


"(4) The right is assumed to exist and to be unconditional, as previously stated. It is invoked here specifically for the sake of the militia." ........


"(6) (If at all possible, I would ask you to take account the changed meanings of words, or usage, since that sentence was written 200 years ago, but not take into account historical interpretations of the intents of the authors, unless those issues can be clearly separated."

"To the best of my knowledge, there has been no change in the meaning of words or in usage that would affect the meaning of the amendment. If it were written today, it might be put: "Since a well-regulated militia is necessary tot he security of a free state, the right of the people to keep and bear arms shall not be abridged.'








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Terran Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-30-03 06:55 PM
Response to Original message
1. Please check to see if this material is copyrighted
and post here whether it is or not. If it is, Admin will need to edit it for copyright reasons.

Dirk - DU Moderator
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-30-03 07:06 PM
Response to Reply #1
2. New Gun Week and Second Amendment Foundation need to be credited
The source says "(C) 1991 by The New Gun Week and Second Amendment Foundation. Informational reproduction of the entire article is hereby authorized provided the author, The New Gun Week and Second Amendment Foundation are credited. All other rights reserved."

Apparently the only editing needed would be to make sure "New Gun Week and Second Amendment Foundation" are given credit.



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Terran Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-30-03 07:09 PM
Response to Reply #2
3. Thanks Jody
Schnellfeuer, please add a post to this thread crediting the appropriate parties. Thanks,

Dirk - DU Moderator
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schnellfeuer Donating Member (91 posts) Send PM | Profile | Ignore Sun Aug-31-03 05:33 AM
Response to Original message
4. edit to add...
Sorry Dirk,
I thought the link to the original and the quotes covered it.
As Jody mentioned,(thanks Jody) the credit does go to J. Neil Schulman, New Gun Week, and the Second Amendment Foundation.
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