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July 01, 2008

Typography and Constitutional Law

Although there has been a great deal of commentary on the Heller decision, all of it assumes there is no question about the text of the Second Amendment. Me too, I had not considered the possibility that there is not a canonical text.  But, if the last several issues of Green Bag are to be believed, there in fact is a question about the text.   See the Summer 2007 article by van Alstyne and Winters piece in the Winter 2008 issue.  In particular, whether and where commas.  Seems to have been that there are three or five different versions presented and approved by the several States, etc.  The absence of commas seems to me to make a difference in what is said.  Without them, it seems harder to make out the purposes of the clauses, or that there are clauses.  At least all less certain, and so lesser grounding for the great boom of Antonin.  I found the articles fascinating, albeit morbid.  


I don' t know that the articles are to be believed; never done a lick of research on the typographical question, and have not checked any of the footnotes.  Maybe the articles are jokes, in which case I must admit being among the (or even the only one) fooled.  

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