SeniorBen
Senior Member
Good find, @Alligatorob!It was that comma that the Supreme Court used, in part, in part to support stronger rights to gun ownership. But it's interpretation is debatable, see below. And you are right things looked very different to people just after the American Revolution, which may have gone differently without individual gun ownership.
Really knowing what the founding fathers meant by the amendment and how to interpret it in todays world isn't easy and will probably always be questioned and debated.
While the D.C. Circuit Court focused only on the second
comma, the 2nd Amendment to the Constitution actually has three:
“A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.” The 2–1 majority of judges held that the meaning turns
on the second comma, which “divides the Amendment into two
clauses; the first is prefatory, and the second operative.”
The court dismissed the prefatory clause about militias as not
central to the amendment and concluded that the operative clause
prevents the government from interfering with an individual’s right
to tote a gun.
Needless to say, the National Rifle Assn. is very
happy with this interpretation. But I dissent. Strict constructionists,
such as the majority on the appeals court, might do better to interpret the 2nd Amendment based not on what they learned about
commas in college but on what the framers actually thought about
commas in the 18th century.
The most popular grammars in the framers’ day were written by
Robert Lowth (1762) and Lindley Murray (1795). Though both are
concerned with correcting writing mistakes, neither dwells much
on punctuation. Lowth calls punctuation “imperfect,” with few precise rules and many exceptions. Murray adds that commas signal a
pause for breath. Here’s an example of such a pause, from the Constitution: “The judicial power of the United States, shall be vested in
one Supreme Court” (Article III, Section 1). But times change. If a
student put that comma in a paper today, it would be marked
wrong.
The first comma in the 2nd Amendment signals a pause. At first
glance, it looks like it’s setting off a phrase in apposition, but by the
time you get to the second comma, even if you don’t know what a
phrase in apposition is, you realize that it doesn’t do that. That second comma identifies what grammarians call an absolute clause,
which modifies the entire subsequent clause. Murray gave this ex
ample: “His father dying, he succeeded to the estate.” With such
absolute constructions, the second clause follows logically from the
first.
So, the 2nd Amendment’s second comma tells us that the subsequent clauses, “the right of the people to keep and bear Arms, shall
not be infringed,” are the logical result of what preceded the
comma: “A well regulated Militia, being necessary to the security of
a free State.” The third comma, the one after “Arms,” just signals a
pause. But the ju[dg]es repeatedly dropped that final comma altogether when quoting the 2nd Amendment – not wise if you’re arguing that commas are vital to meaning.
But that’s just my interpretation. As the D.C. Circuit Court decision shows us, punctuation doesn’t make meaning, people do.
And until a higher court says otherwise, people who swear by punctuation will hold onto their commas until they’re pried from their
cold, dead hands.
A Constitutional Conundrum of Second Amendment Commas
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2167&context=facpubs
For nearly 200 years, the 2nd Amendment was interpreted to be a collective right. Suddenly, that was incorrect and it was really an individual right.