Over 200 Years Ago America
Over 200 years ago America’s founding fathers established a new nation. In their collective wisdom they authored the constitution and bill of rights to be a living document that could change over time ensuring that our laws would be able to evolve along with the infinite circumstantial possibilities. The language conventions and jargon used then are not unlike the ones used today in constructing new bills and laws. In 1950 Title 48 of the United States Code Annotated (U.S.C.A.) established the Organic Act of Guam.
The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Title 48 U.S.C. 1421)
Fast forward to 2014 the newest and most controversial bill has been signed into law. Bill number 146-32 is commonly referred to as the ‘Castle Doctrine’ and enables the people of Guam to protect their home. In order to understand the newest addition to local laws we have to first reference older legal documents in order to understand the reasoning behind the language conventions used. Then we will be able to break down the legal jargon into layman’s terms. Finally this will allow us to review the ‘Castle Doctrine’ to better understand how this law both empowers and limits the people of Guam.
The Stage for the ‘Castle doctrine’ was first set by the U.S. Constitution’s Bill of rights and the first 10 amendments. The second Amendment establishes “the right of the people to keep and bear arms shall not be infringed” (Bill of rights 2nd Amendment) At first glance we can see that this is plain English and the rhetoric choice is definition. The use of definition is a common occurrence in the language of the law. The second amendment specifically enables citizens to own weapons. This is where it starts to get difficult because the definition masks
The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Title 48 U.S.C. 1421)
Fast forward to 2014 the newest and most controversial bill has been signed into law. Bill number 146-32 is commonly referred to as the ‘Castle Doctrine’ and enables the people of Guam to protect their home. In order to understand the newest addition to local laws we have to first reference older legal documents in order to understand the reasoning behind the language conventions used. Then we will be able to break down the legal jargon into layman’s terms. Finally this will allow us to review the ‘Castle Doctrine’ to better understand how this law both empowers and limits the people of Guam.
The Stage for the ‘Castle doctrine’ was first set by the U.S. Constitution’s Bill of rights and the first 10 amendments. The second Amendment establishes “the right of the people to keep and bear arms shall not be infringed” (Bill of rights 2nd Amendment) At first glance we can see that this is plain English and the rhetoric choice is definition. The use of definition is a common occurrence in the language of the law. The second amendment specifically enables citizens to own weapons. This is where it starts to get difficult because the definition masks