Bork Reconsidered, part II

Bork Reconsidered, part II

Key Quote

“Although Justice Scalia denies it, the meaning of the phrase “bear arms” did possess a distinctive meaning in the 18th century that differs from the way in which the phrase is commonly used today. The phrase was applied to the military use of weaponry and was derived from its Latin roots (arma ferre) describing the “equipment of war.” Justice Scalia’s method of interpreting the text also ignores the Style Periodique used by the drafters of many formal 18th century documents (i.e., Thomas Jefferson in the Declaration of Independence), whereby a series of linked propositions gradually reveals the full meaning of a sentence at its conclusion. In other words, it is likely that the meaning that Justice Scalia ascribes to the words of the text was not in fact the original intent of the drafters of the Second Amendment. The Heller opinion is strong evidence that textualism is not a reliable technique for divining original intent.”

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Posted on

November 1, 2019