Khross wrote:
Diamondeye wrote:
I see no historical evidence whatsoever that the authors fo the Constitution were immune from linguistic error, or that they were any better at avoiding such than any other fairly-well-educated men.
I said there are no grammatical errors in the Constitution. This doesn't mean they made mistakes when drafting it, but the final version is free from grammatical problems.
I will grant you that, but that is also not exactly what I meant. It is perfectly possible to construct a sentence that is technically grammatically correct, but which also does not mean tchnically what you want because you made a mistake. In other words, your mistake change the grammatical meaning, but left it in a different, but still correct format.
How would one know whether such errors were present or not?
Diamondeye wrote:
There's no impracticality in a procedural and structural reading of a didactic document as it was written. In point of fact, it is supremely impractical NOT to do so; which, amusingly, is the basis of your argument and RangerDave's concerning the actual meaning of the statement in question.
So, again, I ask, ... what does "when" and it's subsequent clause modify?
Who cares? Have I not made it clear that I do not see any reason whatsoever that this could possibly be what was actually meant?
Furthermore, it is not the least bit impractical to not extensively analyze the grammer. Practical reality is what happens when the Constitution is actually applied, and if it were applied int he way you say it should, the Constituion would be more of a danger to the liberty it purports to protect than the government it supposedly limits. The ultimate goal of the Constitution is to keep the nation together as a coherent entity for the benefit of its people; not to adhere to its own specific linguistic characteristics for their own sake.
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That said, the Constitution does not provide Congress with the power to maintain a standing army, a distinction quite evident between the statements concerning armies and the Navy in Article I, Section 8. But, you know, there's those tricky linguistics getting in the way of your sensibilities and retrospective interpretation of the document.
As a matter of fact it does provide such a power. It merely states that funding for an army cannot exceed two years at a time. In our modern era, we fund everything a year at a time, which leads to huge inefficiency in naval purchasing, but I digress. The bottom line is that it simply does not say anything that even
implies "no standing army, period".
The linguistics, are not, in fact, getting in the way of anything, because almost no one actually goes into technical linguistics in much of anything. Indeed, they seem primarily useful for allowing linguistic experts to appoint themselves a shadow Supreme Court both of law and human thought in general by telling people what they must think based on linguistic details that the average person really has no time for, and by average person, I mean almost anyone who does anything other than deal with language as a profession. What's really getting in the way here is that practically no one reads it to mean what you say it does, and inconveniently, few people are going to allow their reading of it to be dictated to them for no better reason than grammatical technicalities.
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I'm curious what you think the document means and why from an actual procedural perspective, not what you've decided it means because it conforms to your political, ideological, and experiential expectations.
I don't have any ideological expectations, except insofar as realpolitic could be considered an ideology. I believe I've made that clear repeatedly. As to "what the document means" that would take excessive effort, especially since it addresses a wide range of peripherally related topics.
However, I would say that ultimately, its intent must be read with a view to preserving the nation and its interests. If tis is not done, the meaning of the document is moot. No reading of the Constitution can ever be allowed to predjudice national survival. National interest is a bit trickier since a reading should not predjudice this, but by the same token, adhereing to the Constitution's principles is a national interest. A balance must be achieved, and it must be done subjectively. I do not see any possibility of creating exceedingly specific definitions for everything without expanding it into an unreadable monstrosity similar to the tax code.