As Petitioners note, preambles are examined only “[i]f words happen to still be dubious.” Pet. Br. 17 (quotation and citation omitted). “[B]ut when the words of the enacting clause are clear and positive, recourse must not be had to the preamble.” James Kent, 1 COMMENTARIES ON AMERICAN LAW 516 (9th ed. 1858). “The preamble can neither limit nor extend the meaning of a statute which is clear. Similarly, it cannot be used to create doubt or uncertainty.” Norman Singer, 2A SUTHERLAND ON STATUTORY CONSTRUCTION § 47.04, at 295 (7th ed. 2007).
Robert A. Levy
Clark M. Neily III
February 24, 2008
RESPONDENT’S BRIEF On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit
[Just a reminder to those bigots that keep insisting the 2nd Amendment only applies to the government having a right to own guns when they want to ignore the 9-0 decision in favor of an individual right in Heller.–Joe]