18 December 2012

Grammar and the Second Amendment

The Editors

Barbara Newman in the LRB, 22 March: The Latinate framers of the US constitution employed an ablative absolute in the Second Amendment: ‘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.’ An interpreter who favoured regimen would argue that the ablative clause determines the sense of the main clause; hence, the state has the right to maintain an army. Those who favour the absolute, as American courts have done, bracket the militia clause and take the main clause to mean that citizens may own as many firearms as they choose. The difference between constructions amounts to roughly 12,000 murders a year.