If the intent of the Second was that all of the people have the absolute right to be armed, why is the initial phrase included ("A well regulated Militia") when a militia is described in Art. I, Sec. 8 and clause 15 and 16?
"Textualism is a
formalist theory of statutory interpretation, holding that a
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And yet to explain or rationalize his decision in Heller, Scalia needed pages to define each phrase of the Second by parsing them to justify his vote, decided IMO before the matter was heard before The Court. In fact, with all the noise surrounding the justices who ruled on SSM, Scalia should have recused himself on several matters, including Heller, long ago.
Anyone with the ability to comprehend the written word understands that the Militia as described in Art. I, sec. 8 - specifically clause16 - contradicts Scalia's argument. Since we and he can not expect every person to be fit and able to function as a member of the Militia; one must therefore admit the officers appointed to train the militia would have the authority to wash out those incapable - physically or mentally - from the Militia. Anyone, therefore, not trained according to the discipline prescribed by Congress (has Congress ever done so?) may have their right to owning, possessing or having in their custody and control a gun infringed by the States or the People (10th Amendment).