One thing I haven’t seen discussed much in these 2A threads is a discipline called corpus linguistics, so I’d like to drop a post in about that.
Newly created databases now offer us thousands of historical, colonial-era texts, and the ability to quickly search them for phrases so that we could learn their original meaning and context.
This database was not available in 2007, as the SCOTUS prepared to hear
DC v Heller, but the historian Saul Cornell was still able to find more than 100 colonial-era examples of the phrase “bear arms,” with
96% of them relating to militia service specifically. And yet, the Court brushed that aside, and Antonin Scalia defined “bear arms” merely as carrying a weapon.
But now, we have databases like COFEA (the Corpus of Founding Era American English), and COEME (the Corpus of Early Modern English).
A search of them found
900 colonial-era examples of the phrase “bear arms,” and
nearly all 900 related to an organized military/militia context. Only 7 of them were either ambiguous or carried no military context.
Those databases only have the phrase “keep arms” in a relevant context 26 times—
and 25 out of 26 times refer to militia or military context (the one that doesn’t, is ambiguous).
While it’s not quite case closed yet, the evidence is becoming overwhelming:
the SCOTUS’s interpretation of the 2A in
Heller and the cases that followed it, is grievously wrong.
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