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Jun 3, 2022Liked by William Hogeland

I have cleared a room by gleefully explaining the diff between a gerund and a present participle. So I loved this both as a pedantic grammar nerd (my husband’s endearing term for me) and as an attorney. Seems like both Scalia and Alito (or their clerks) like making up stuff. We are so screwed.

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I want to understand the discussion about the 2nd amendment. I think I know what you're saying but I want to make sure. The amendment as written is deliberately vague because Madison wanted to placate antifederalists without actually conceding anything to them. The antifederalists didn't want the national government to have control of the state militias because this control meant the states were no longer sovereign. The 2nd amendment is a symbolic nod to the importance of state militias that doesn't change the fact of federal control. The amendment's wording doesn't make grammatical sense, because Madison wanted the meaning of the amendment to be vague. The amendment isn't intended to do anything other than keep antifederalists happy.

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That is what I'm saying.

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