NOVATOWNHALL

has been reconceptualized yet again

Taking Apart Steven’s Dissent

June 26th, 2008 by jack

I can certainly do no better than Scalia himself.  Read the opinion.  It’s beautiful.  Scalia is hilarious.

Here’s just a couple of examples:

In any event, the meaning of “bear arms” that petitioners and JUSTICE STEVENS propose is not even the (sometimes) idiomatic meaning. Rather, they manufacture a hybrid definition, whereby “bear arms” connotes the actual carrying of arms (and therefore is not really an idiom) but only in the service of an organized militia. No dictionary has ever adopted that definition, and we have been apprised of no source that indicates that it carried that meaning at the time of the founding. But it is easy to see why petitioners and the dissent are driven to the hybrid definition. Giving “bear Arms” its idiomatic meaning would cause the protected right to consist of the right to be a soldier or to wage war—an absurdity that no commentator has ever endorsed. See L. Levy, Origins of the Bill of Rights 135 (1999). Worse still, the phrase “keep and bear Arms” would be incoherent. The word “Arms” would have two different meanings at once: “weapons” (as the object of “keep”) and (as the object of “bear”) one-half of an idiom. It would be rather like saying “He filled and kicked the bucket” to mean “He filled the bucket and died.” Grotesque.

And later…

The amici also dismiss examples such as “bear arms… for the purpose of killing game” because those uses are “expressly qualified.” Linguists’ Brief 24. (JUSTICE STEVENS uses the same excuse for dismissing the state constitutional provisions analogous to the Second Amendment that identify private-use purposes for which the individual right can be asserted. See post, at 12.) That analysis is faulty. A purposive qualifying phrase that contradicts the word or phrase it modifies is unknown this side of the looking glass (except, apparently, in some courses on Linguistics). If “bear arms” means, as we think, simply the carrying of arms, a modifier can limit the purpose of the carriage (“for the purpose of selfdefense” or “to make war against the King”). But if “bear arms” means, as the petitioners and the dissent think, the carrying of arms only for military purposes, one simply cannot add “for the purpose of killing game.” The right “to carry arms in the militia for the purpose of killing game” is worthy of the mad hatter.

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3 responses about “Taking Apart Steven’s Dissent”

  1. Not Russ Moulton said:

    Decision is minimalist 2nd amendment CRAP.

    They can’t outright ban all of my guns, but they can regulate the hell out of them and me. Gee thanks Scalia.

  2. Sanity said:

    Well, if Scalia, the wing-nuttiest of the wing-nuts, the poster child of wing-nuttiness, believes that they can “regulate the hell out of them”, where does that put you? Maybe, like ACTivist, you’re from an alternate universe?

  3. ACTivist said:

    Scalia is great. I would assume that there is no code of conduct when it comes to being PC speaking of other justices. I guess a spade is a spade-as it always should be.

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