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Are Our Second Amendment Rights Hanging On A Comma?
Blogger News Network ^ | November 10, 2007

Posted on 11/10/2007 11:25:50 AM PST by theothercheek

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To: Gondring
In Pennsylvania, it’s “shall not be questioned”...but that doesn’t stop them!

In Nebraska, it's,

...the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof

Yet the Courts have not seen to overturn a single "gun control" law since the people of the state added that RKBA provision in 1986. I guess they think the people weren't serious about that "shall not be denied *or infringed*" part. In fact they've ruled as if the "or infringed" wasn't even there.

121 posted on 11/11/2007 9:11:03 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Military family member
The present participle is a verb form ending in -ing

kind of like "being" ?

122 posted on 11/11/2007 9:21:09 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: theothercheek
I am hoping the Supreme Court refuses to grant cert, figuring that the DC Appeals Court did it’s dirty work for them. Then the decision stands and the DC ban is history.

I'm kind of hoping the same thing. After the Kelo decision, I have no faith in the court to uphold the Constitution.

123 posted on 11/11/2007 11:08:31 PM PST by jess35
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To: Military family member; Stepan12
Hey, guys, grow up and get off the ego trips.  You are both right, but you both need remedial courses in reading comprehension and good manners. Neither of you will acknowledge that one is talking about phrases and clauses and the other is talking about a word.  Yet, that is precisely what this whole thread is about: the intent and meaning of how the second amendment is worded.  Both of you seem to agree on the intent and meaning, but your egos are stuck on who's more grammatically correct.  Think I'm kidding?  Just look at what you have posted and the responses.

Post 5 by:  Stepan12     [The term a well regulated militia being necessary... is what is known as a present participle]

'Stepan12's meaning is obvious, but 'Military family member' takes him to task for not designating the word 'being' as the present participle or the phrase as a participle phrase (as he finally acknowledges in post 114 - see below).  Either very picky, or an unfortunate oversight of the word 'being' which I tried to gently point out with humor in my post 77.

Post 41 by:  Military family member     [a well regulated militia being necessary... is NOT a present participle.
The present participle is a verb form ending in -ing]

Post 77 by:  RebelTex    ["To be, or not to be. That is the question."]

'Stepan12' then clarifies that he was talking about a phrase, but did not say participle phrase.

Post 90 by:  Stepan12     [the phrase is a present participle and not a restrictive clause]

'Military family member' retorts:

Post 112 by:  Military family member    [A participle is a word, not a phrase."  ..."A Well-Regulated militia, being necessary..." is not a participle.]

'Stepan12' retorts:

Post 113 by:  Stepan12 [The english expert didn’t just say a participle — but a present participle.]

'Military family member' then clarifies his meaning and acknowledges that a phrase can be a participle phrase and that 'being' is a present participle.:

Post 114 by:  Military family member    [A group of words is a phrase. A group of words with a subject and verb is clause. at best it could be a participle phrase, but it most certainly is not a present participle.  ...  "Being" is a present participle.]

Now things are both clear and cloudy.  The phrase is a participle phrase containing the present participle word 'being'. The only remaining question is: Does that make it a present participle phrase? 

Who the hell cares?  No matter how you parse the words, examine the punctuation, or correct the grammar, the meaning and intent of the second amendment is clear: MOLON LABE!

So both of you are right - and both of you are wrong (in several different ways).  Now apologize to each other, or agree to meet on the 'Field of Honor' at dawn with your seconds ready for a duel.  The obvious (for this thread) weapon of choice shall be flintlock pistols at twenty paces, one load of powder, and one paintball in the color of your choice.

;^D

124 posted on 11/12/2007 1:01:06 AM PST by RebelTex (Help cure diseases: http://www.freerepublic.com/focus/f-news/1548372/posts)
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To: RebelTex; Stepan12; El Gato
Please understand, I am not trying t5o defend the attempt against the Second Amendment rights. I began by simply pointing out that a participle is a verb form, nothing more.

I Believe Stepan12 attached other people's comments to my own. I sought clarity in the definition of participle. RebelTex, I made a statement defining participle. Stepan12 rebuked me for something I did not right. I need no course in reading comprehension...please read my first post and see for yourself.

125 posted on 11/12/2007 6:25:59 AM PST by Military family member (GO Colts!!)
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To: Military family member
Yeah... whatever, Miltfamil.

If this english expert Copperund says the phrase is a present participle that does not restrict the right to keep and bear arms shall not be infringed, then that is good enough for me and I'm going with that.

I have the link in one of my earlier posts (from the Second Amendment Sister's board) and I urge everyone to read it!

126 posted on 11/12/2007 8:14:16 AM PST by Stepan12 ( "We are all girlymen now." Conservative reaction to Ann Coulter's anti PC joke)
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To: BfloGuy
The right to own and read books, being necessary for the maintenance of a well-educated electorate, the right of the people to own and read books, shall not be infringed.

I've always liked that one myself. In fact, I almost posted it until I found yours.

127 posted on 11/12/2007 8:50:03 AM PST by murdoog
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To: ModelBreaker
Congress' rights are enumerated. Not yours.

Congress has no rights. Only powers granted to them by the people.

128 posted on 11/12/2007 11:05:41 AM PST by Quiller (When you're fighting to survive, there is no "try" -- there is only do, or do not.)
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To: beltfed308
A militia in good order, being necessary for the security of a free society, the right of the people to keep and bear arms, shall not be infringed.

A well-educated electorate, being necessary to the security of a free state, the right of the people to own and read books, shall not be restricted.

I guess if many intellectual liberals read that the way they chose to read 2A, it explains a lot.

129 posted on 11/12/2007 11:09:42 AM PST by Quiller (When you're fighting to survive, there is no "try" -- there is only do, or do not.)
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To: Military family member

Post 125 by:  Military family member "Please understand, I am not trying t5o (sic) defend the attempt against the Second Amendment rights."

Precisely my point.  You are not defending nor supporting the subject of the thread.  Instead, you seem obsessed with correctly defining the parts of speech.  This might be forgiven in light of your current studies.  Your posts, however, seem to be both confrontational and defensive.

Post 41 by:  Military family member     [a well regulated militia being necessary... is NOT a present participle.
The present participle is a verb form ending in -ing] 
(confrontational)

You could have been less confrontational by saying in post 41 to Stepan12, for example: 

" I understand your point. However, for clarity, the word 'being' in your quote is the present participle, not the entire phrase, although the phrase might be considered a participle phrase."

And in the following, you exhibit defensiveness and soothe your ego while asserting your superiority.

Post 114 by:  Military family member "I have a masters in English, and 90 hours toward a doctorate in English." (defensive)

As for your own errors, I assume that they are not a lack of knowledge, but made in haste and failure to proofread.  The word 'Believe' should not be capitalized, the word 'right' should be 'write', and the word 'to' does not contain the number 5.  (It's now time for the mathematicians and/or numerologists to chime in and prove me wrong, LOL)

Post 114 by:  Military family member "I Believe (sic) Stepan12 attached other people's comments to my own.  ... Stepan12 rebuked me for something I did not right (sic)."

Post 125 by:  Military family member "Please understand, I am not trying t5o (sic) defend the attempt against the Second Amendment rights."

Stepan12, you took the bait and also became defensive.

Post 90 by:  Stepan12 "Please, no more incorrect corrections."

So for both of you, my point is this:

Does it really matter whether only the word or the entire phrase is the present participle?  Does the meaning of the sentence change by the designation of one or the other?  Is it more important to you that one proves superiority over the other in grammar, or that our second amendment right is preserved?

My posts to both of you are not attacks.  I am only attempting to point out the folly in the direction of your arguments.  It is far more productive to be less confrontational and defensive, and to focus more on the point of the thread.  (Hmmm - looks like I need to take my own advice, LOL.  My apologies to ALL for inadvertently hijacking the thread.}

;^D
FReegards,
RT

130 posted on 11/12/2007 11:17:10 AM PST by RebelTex (Help cure diseases: http://www.freerepublic.com/focus/f-news/1548372/posts)
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To: theothercheek; Tabi Katz
Today's copyeditor would definitely take out the third comma.

I would take out the first as well, since the following phrase is restrictive (essential to the meaning of what precedes it), not nonrestrictive (parenthetical), although I still see many passages punctuated this way.

The middle one I think everyone would keep. For now.

131 posted on 11/12/2007 11:28:55 AM PST by firebrand
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To: firebrand
Today's copyeditor would definitely take out the third comma.

Not the editor of the last newspaper where I worked as a photog and syndicated calumnist.

132 posted on 11/12/2007 2:02:16 PM PST by archy (Et Thybrim multo spumantem sanguine cerno. [from Virgil's *Aeneid*.])
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To: tet68
Considering the dead from the civil war as a percentage of the population, such a conflict today would result in several million dead, I think the figure I read was 4 million.

The way I recall it was that in our Civil War killed 600,000 out of a population of 30 million.

Scaling to today's population of 300 million would result in 6 million dead.

133 posted on 11/12/2007 2:38:59 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: SaltyJoe
Legal terms murdered Jesus Christ.

An early exercise in "democracy".

Although, in the grand scheme of things, it would be decidedly less impressive if scripture read "Jesus Christ died of old age for our sins".

134 posted on 11/12/2007 2:45:55 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: archy
Well, he's not much of an editor, then. Leaving a comma between subject and verb with no other purpose. Maybe that's not the comma you mean. (We've got to settle this!)

: )

135 posted on 11/12/2007 3:17:53 PM PST by firebrand
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To: 17th Miss Regt
I like to apply this approach to the 13th Amendment as well. It is clear from the commas that in the 13th Amendment that both slavery and involuntary servitude were prohibited unless as a result of sentencing by a court.

It should be noted that the Thirteenth Amendment provides a basis, and so far as I can tell the sole one, for denying felons the RKBA: slaves do not have, and have never had, a recognized right to keep and bear arms.

I think it's good to recognize that exception for two reasons:

  1. It weakens the argument that since there must be an exception for felons (especially while incarcerated!) and the Constitution doesn't provide one, one must therefore read into the Constitution an implied 'except when it seems necessary' clause.
  2. It highlights what gun-grabbers are really after.
On a related note, did any states ever impose any requirements that non-black people prove they were not slaves before they could perform any particular action? I know in some areas even free blacks were at best second-class citizens, but that's a different issue.
136 posted on 11/12/2007 3:58:53 PM PST by supercat (Sony delenda est.)
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To: DuncanWaring
“Death”, itself (whether old age or in the prime of manhood) is another price of sin. That a spotless lamb is sacrifice for Passover brings such a completeness to God's Mercy is a gift for the theological mind. Just as it's such beauty that Jesus reserved the third and last toast of the Last Supper for when He was dying on the Cross.

I like what you said about democracy...more like “mob rule” than democracy. Satan splits mankind to turn our hearts against our brother. IOW, the devil uses natural differences to bring unnatural division. Pilate cowed to evil; yet Roman rule was the most advanced for its region and age. The laws of men cannot protect innocence when the Spirit of the Law is absent.

137 posted on 11/12/2007 5:27:33 PM PST by SaltyJoe (Lenin legalized abortion. Afterward, every life was fair game for Death.)
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