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Old April 14, 2013, 09:53 PM   #69
Charles Mosteller
Junior Member
Join Date: April 13, 2013
Posts: 10
Originally Posted by rajbcpa
Where in the 2nd Amendment does it say our rights are limited to reasonable restrictions?
If I may elaborate a bit further.

The right in question to which the Second Amendment refers, namely, the right of the people to keep and bear arms, is not a right that has its origin in the Second Amendment. Rather, it is properly termed a preexisting right - for the very simple reason that it preexisted the Constitution, itself.

As such, the Second Amendment did not alter the core right in question, effectively changing it into a right that was absolute in nature. Granted and true, the Second Amendment commands that the right in question shall not be infringed - and as I pointed out, previously in this thread, shall is indicative of a word of command.

However, that shall is a command, what is to not be infringed is a preexisting right, not an absolute right. Preexisting and absolute are not one and the same thing. The command, itself, the shall not be infringed part, certainly rings with the authority of absoluteness, doesn't it? That's because that's exactly what it is supposed to do. That's the nature of a command, rather than something that is discretionary.

The fact that shall can be properly construed to be absolute in nature can be accomplished without the right to which it refers becoming imbued with the nature of an absolute right.

Does that help?
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