Monday, June 15, 2009

Strict Interpretation?

The First Amendment to the Constitution of the United States:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"

The Second Amendment to the Constitution of the United States:

"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"

Is it curious that some argue that strict constructionism be applied in the interpretation of the First Amendment, but not for the Second Amendment? And is it not also curious that some argue that strict constructionism be applied to the interpretation of the Second Amendment, but not for the First Amendment?

The NRA would likely contend that the 2nd Amendment extends thoroughly to individual rights. Many gun control advocates reply that the Amendment is really meant just for the more limited sense of a "well regulated Militia".

Many conservatives have argued that the 1st Amendment is more limited - Congress is only prohibited from establishing any one kind of religion, not prevented from establishing religious influence in general. Yet many others would reply that the 1st Amendment is really meant to protect all other kinds of individual rights in a broader sense of application.

So, those who argue that the 2nd Amendment should be applied broadly to individual rights, but not the 1st Amendment, why so? Also, those who argue that the 1st Amendment should be applied broadly to individual rights, but not the 2nd Amendment, why so?

I am not declaring or asserting that it is impossible to make such a justification - I just find it rather curious to seize onto a strict constructionism in one instance and seemingly abandon the same stance in another comparable instance.

Above all, please show your work. Thank you!

1 comment:

Matt said...

I might write more on this later, but for now:

I think there's a big difference between "Congress shall make no law respecting an establishment of religion" and "separation of Church and State". Many people mistakenly believe the second phrase to be Constitutional.

When I read the first amendment, it says to me, "Congress can't make one religion the *official* religion," which makes sense given the historical context. The Founders wanted to avoid the abuses of the Church of England. They didn't have a problem with religious influence - obviously, considering the central role the Bible played in the formation of the government. They just didn't want a particular denomination of Christianity to become the "official religion" of the country.