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Old 09-10-2019, 01:31 PM
Pantastic is offline
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Join Date: Sep 2015
Posts: 4,660
Quote:
Originally Posted by Lumpy View Post
Isn't it in equally bad faith to argue the meaning of the 2nd when your end position is "even if that was what was intended, the 2nd doesn't fit today's modern world"?
Interesting note on that: while one can say that the 3rd amendment is outdated since quartering troops in private homes isn't a practice modern governments engage in, no one argues 'the third amendment is outdated, and therefore the government can quarter troops in people's homes'. In the one 'recent' (three and a half decades ago now) case where it came up, the Federal Court actually ruled that it was still fully effective, and that it was incorrect for the government to house soldiers (National Guardsmen) in the employee housing of the striking prison guards. (Though it did have little practical effect; the ruling amounted to 'they shouldn't have done that, but since there was no precedent for this it was reasonable for them not to know they shouldn't have'. )