Second Amendment judicial interpretation

On Mar 18, 7:36 am, s...@panix.com (Seth Breidbart) wrote:
> In article <b4qkv25f8famd99hjl9m89kjs1mcrrg...@4ax.com>,
> Stuart A. Bronstein <spamt...@lexregia.com> wrote:
> >  It's the court's job to determine what the law
> >is, not what it should be.  Courts should not be second guessing
> >legislatures, no matter how stupid the laws they pass (subject, of
> >course, to constitutional and other statutory limitations).
>
> But do they?  What about the recent decision in DC about the Second
> Amendment meaning what it says?  How many time was the exact
> opposite ruled by courts?

I don't agree with Seth's premise that previous decisions found "the exact opposite" of the clear language of the Second Amendment.   That language is not clear, it is in fact ambiguous, or else the reference to a "well regulated militia" is simply superfluous extra verbiage.    Surplusage is something the courts are loath to find any clause of any law to be, especially one as weighty as a constitutional amendment.   Every word is given meaning, if at all possible.

The courts that ruled the way Seth didn't like, also thought they were interpreting the actual meaning of the law, in determining that the "well regulated militia" language meant what it says, and that the public's right to own and bear arms was tied to and limited by the states' need to maintain a militia and, thus, individual firearm ownership could be regulated as such.   Which is the interpretation I happen to agree with.   Both Seth's, and my, versions are possible readings of the written law.   And since there is ambiguity of meaning, it is up to the courts to decide.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300