Bad facts lead to a bad conclusions. Professor Dennis Baron's theory has feet of sand (actually no feet at all). The first version of the Statutes at Large, generally the "bible" on proper early statutory language, uses one comma. It has done so since about 1857 (long before the current controversy developed). >From David Hardy's Harvard Journal articles: 4 Harv. J. L. & Pol. 1, 1 (1987) fn 1. The Second Amendment's capitalization and punctuation is not uniformly reported; [the version cited above has one comma but]another version has [three] commas, after "militia," "state," "and arms." Since documents were at that time copied by hand variations in punctuation and capitalization are common, and the copy retained by the first Congress, the copies transmitted by it to the state legislatures, and the ratifications returned by them show wide variations in such details. Letter from Marlebe McGuirl, Chief, British-American Law Division, Library of Congress (Oct. 29, 1976) 3 Harv. J. L. & Pub. Pol. 559, 560 (1986) Fn. 8. The precise punctuation of the Second Amendment is subjest to no clear rule. One version has but one comma, following the word "state." The other has three commas, after "Militia," "State," and "arms." The former version is accepted by the statutes at Large, while the second is found in the ratification enactments returned by many states and in at least one of the original copies sent to the states for their vote. Capitalization is likewise varied, a not unusual occurrence in the days when documents were copied by hand, Letter from Marlene McGuirl, Chief, British-American Law Division, Library of Congress (Oct, 29, 1976). Professor Joseph Olson, J.D., LL.M. o- 651-523-2142 Hamline University School of Law f- 651-523-2236 St. Paul, MN 55113-1235 c- 612-865-7956 [EMAIL PROTECTED]
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