The Cellar  

Go Back   The Cellar > Main > Home Base
FAQ Community Calendar Today's Posts Search

Home Base A starting point, and place for threads don't seem to belong anywhere else

 
 
Thread Tools Display Modes
Prev Previous Post   Next Post Next
Old 03-17-2004, 07:31 PM   #31
smoothmoniker
to live and die in LA
 
Join Date: Feb 2003
Location: Los Angeles
Posts: 2,090
But radar, you do interpret the text.

You make clause 1 apply to the whole article. You import the phrase "common defence (sic)" into the rest of the clauses, and so limit what Congress may muster an Army of Navy to do. It's not the plain reading; it's an interpretation.

You might say that the plain meaning of the text puts that clause in force for the whole article. I might say that the plain meaning sets each clause as independent. In either case, we're both making an interpretation.

At that point, we’re off “plain text” and we need to make an argument for whose hermeneutic is more reasonable. And if we're bandying about interpretations, surely we should pay some heed to those who are professional interpreters of the text? the Judiciary?

-sm
smoothmoniker is offline   Reply With Quote
 


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

All times are GMT -5. The time now is 10:46 PM.


Powered by: vBulletin Version 3.8.1
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.