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View Diary: Shall not be infringed (9 comments)

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  •  Violate (2+ / 0-)
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    FrankRose, Justanothernyer

    What definition of the term "violate" are you using that makes you unable to apply it to the concept of rights?

    •  Violate (2+ / 0-)

      You can say "violate a right," people do it all the time; but if you're being careful about language you will notice that it's a metaphorical usage if you do.  Most speech is metaphorical, Stephen Pinker wrote a lot about that, but drafting things like the Bill of Rights is done in a careful non-metaphorical way.

      Mandatory Gun Insurance would provide for victims, encourage safety and not be an excessive burden on gun owners. How to do it at Gun Insurance Blog. I also make posts at Huffington as Tom Harvey.

      by guninsuranceblog on Fri May 02, 2014 at 12:17:04 PM PDT

      [ Parent ]

      •  If 'violate a right" is metaphorical (1+ / 0-)
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        FrankRose

        Then the Bill of Rights includes metaphorical language, such as in the text of the Fourth Amendment.

        Should "infringed" in the Second Amendment be interpreted to mean the same thing as "violated" in the Fourth Amendment?

        •  Violated (2+ / 0-)

          No I don't think infringed in 2A means the same as violate in 4A.  The definition quoted in the diary uses violate only in the context of a law or agreement which is  something much more concrete than a right.  The fourth amendment has a lot of modifiers to make right more concrete.  

          Anyway if 2A  had actually said violate, it would be more compatible with an individual interpretation.  

          Also notice that 4A has a second clause about warrants that is more concrete.

          But you have a point and it shows that one could consider the whole.  Considering the whole was what Scalia was trying to avoid.

          Mandatory Gun Insurance would provide for victims, encourage safety and not be an excessive burden on gun owners. How to do it at Gun Insurance Blog. I also make posts at Huffington as Tom Harvey.

          by guninsuranceblog on Fri May 02, 2014 at 01:17:05 PM PDT

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          •  Thesaurus: (0+ / 0-)

            Violate: synonyms: breach, contaminate, contravene, defy, disobey, disregard, disrupt, encroach, err, infract, infringe, meddle, offend, oppose, outrage, profane, resist, sacrilege, sin, tamper with, trample on, transgress, trespass, withstand

            Those who would sacrifice liberty for security deserve neither.

            by FrankRose on Sat May 03, 2014 at 05:23:38 AM PDT

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