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<blockquote data-quote="Jagger" data-source="post: 383403" data-attributes="member: 16628"><p>In <em>D. C. v. Heller</em>, Scalia says the text of the Second Amendment should be understood as the voters understood it, then he rewrites the Amendment, not according to the understanding of the voters, but according to the understanding of Joel Tiffany.</p><p></p><p style="margin-left: 20px"><p style="margin-left: 20px"><p style="margin-left: 20px"><em>In interpreting this text, we are guided by the</em></p> <p style="margin-left: 20px"><em>principle that “[t]he Constitution was written to be <strong>understood</strong></em></p> <p style="margin-left: 20px"><em><strong>by the voters</strong>; its words and phrases were used in</em></p> <p style="margin-left: 20px"><em>their normal and ordinary as distinguished from technical</em></p> <p style="margin-left: 20px"><em>meaning.” United States v. Sprague, 282 U. S. 716, 731</em></p> <p style="margin-left: 20px"><em>(1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824).</em></p> <p style="margin-left: 20px"><em>Normal meaning may of course include an idiomatic</em></p> <p style="margin-left: 20px"><em>meaning, but it excludes secret or technical meanings that</em></p> <p style="margin-left: 20px"><em>would not have been known to ordinary citizens in the</em></p> <p style="margin-left: 20px"><em>founding generation.....</em></p> <p style="margin-left: 20px"><em></em></p> <p style="margin-left: 20px"><em>.....The Second Amendment is naturally divided into two</em></p> <p style="margin-left: 20px"><em>parts: its prefatory clause and its operative clause. The</em></p> <p style="margin-left: 20px"><em>former does not limit the latter grammatically, but rather</em></p> <p style="margin-left: 20px"><em>announces a purpose. The Amendment could be rephrased,</em></p> <p style="margin-left: 20px"><em>“Because a well regulated Militia is necessary to</em></p> <p style="margin-left: 20px"><em>the security of a free State, the right of the people to keep</em></p> <p style="margin-left: 20px"><em>and bear Arms shall not be infringed.” See <strong> §585,</strong></em></p> <p style="margin-left: 20px"><em><strong>p. 394 (1867)</strong></em><strong> J. Tiffany</strong>, <strong>A Treatise on Government and Constitutional Law</strong></p> </p> </p><p></p><p>Joel Tiffany wasn't even a voter of the founding generation. However, he did subscribe to my view that the meaning of the constitution must be ascertained by the application of such rules of interpretation as existent at the time the constitution was framed and adopted. (See section 125 of Tiffany's <em>A Treatise on Government and Constitutional Law</em> at the link provided below) Scalia's own authority on the meaning of the Second Amendment rejects Scalia's principle in favor of mine.</p><p></p><p><a href="http://books.google.com/books?hl=en&id=JMMRAAAAIAAJ&dq=%22Tiffany%22+%22+A+Treatise+on+Government+and+Constitutional+Law%22&printsec=frontcover&source=web&ots=xF29QGzakl&sig=W-g2hNxWmgnsATuEKfgOdjjTcBM&sa=X&oi=book_result&resnum=1&ct=result#PPA65,M1" target="_blank">http://books.google.com/books?hl=en&id=JMMRAAAAIAAJ&dq="Tiffany"+"+A+Treatise+on+Government+and+Constitutional+Law"&printsec=frontcover&source=web&ots=xF29QGzakl&sig=W-g2hNxWmgnsATuEKfgOdjjTcBM&sa=X&oi=book_result&resnum=1&ct=result#PPA65,M1</a></p></blockquote><p></p>
[QUOTE="Jagger, post: 383403, member: 16628"] In [I]D. C. v. Heller[/I], Scalia says the text of the Second Amendment should be understood as the voters understood it, then he rewrites the Amendment, not according to the understanding of the voters, but according to the understanding of Joel Tiffany. [INDENT][INDENT][INDENT][I]In interpreting this text, we are guided by the principle that “[t]he Constitution was written to be [B]understood by the voters[/B]; its words and phrases were used in their normal and ordinary as distinguished from technical meaning.” United States v. Sprague, 282 U. S. 716, 731 (1931); see also Gibbons v. Ogden, 9 Wheat. 1, 188 (1824). Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation..... .....The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose. The Amendment could be rephrased, “Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” See [B] §585, p. 394 (1867)[/B][/I][B] J. Tiffany[/B], [B]A Treatise on Government and Constitutional Law[/B][/INDENT][/INDENT][/INDENT] Joel Tiffany wasn't even a voter of the founding generation. However, he did subscribe to my view that the meaning of the constitution must be ascertained by the application of such rules of interpretation as existent at the time the constitution was framed and adopted. (See section 125 of Tiffany's [I]A Treatise on Government and Constitutional Law[/I] at the link provided below) Scalia's own authority on the meaning of the Second Amendment rejects Scalia's principle in favor of mine. [url]http://books.google.com/books?hl=en&id=JMMRAAAAIAAJ&dq=%22Tiffany%22+%22+A+Treatise+on+Government+and+Constitutional+Law%22&printsec=frontcover&source=web&ots=xF29QGzakl&sig=W-g2hNxWmgnsATuEKfgOdjjTcBM&sa=X&oi=book_result&resnum=1&ct=result#PPA65,M1[/url] [/QUOTE]
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