dude, our Second Article of Amendment can Only mean
It is not irrelevant. But it is only a modifier to the actual subject of the sentence "...the right of the people to keep and bear Arms shall not be infringed".
Also, given the fact that our founding fathers relied on an armed population that could be formed into a militia in short order, the supposition that the 2nd preserves a state's right is ridiculous.
It is the Intend and Purpose for the Clause that Follows.
I have not argued that. Where we differ is on whether or not the 2nd protects the state's right to have a militia, or whether it protects the individual's right to bear arms and be ready to become the militia when needed.
our Second Article of Amendment can Only mean one thing when you don't appeal to ignorance of the lead Clause and its Cause.
I agree with you again. It can only mean that the individual's right to own guns is protected.
There are several reasons I says this.
#1 - The Bill of Rights was written solely to protect the rights of the individuals, not any gov't entity.
#2 - The founding fathers believed in an armed civilian population that could be called up to form a militia if needed.
#3 - The phrase "the right of the people to keep and bear Arms shall not be infringed" speaks very clearly.
#4 - Some of the greatest constitutional scholars in our nation's history (including the SCOTUS) agree with me.
Why would it say that, if what is supposed to be protected by
the People of that State, is the
security of that free State not rights in private property.
This is what our Second Amendment secures:
The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
Rights in private property are usually a civil or criminal matter.
The intent and purpose of the Bill of Rights is, "
... to prevent misconstruction or abuse of [the Federal Government's] powers,..."
To effect that stated purpose and intent, Congress asserted, "
...that further declaratory and restrictive [upon the Federal Government's powers] clauses should be added..."
One of those declaratory and restrictive clauses ratified was the 2nd Amendment:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The main and opertative clause of the 2nd Amendment is "
... the right of the people to keep and bear Arms, shall not be infringed." The main and opertative clause of the 2nd Amendment is an independent clause, meaning only that is a group of words that contains a subject and verb and expresses a complete thought.
The subject of the main and opertative clause of the 2nd Amendment is "the right"; the right referenced is "to keep and bear Arms"; that right belongs to "the people"; and, that right "shall not be infringed."
- In the main and opertative clause of the 2nd Amendment, there is no mention of any right to form or belong to a militia of any description.
- In the main and opertative clause of the 2nd Amendment, there is no mention of any right to a free State.
- In the main and opertative clause of the 2nd Amendment, there is no mention of any State right.
- In the main and opertative clause of the 2nd Amendment, there is no mention of any militia's right.
Consistent with the stated purpose and intent of the Bill of rights, the main clause of the 2nd Amendment restricts the power of the federal government to disarm, or otherwise prevent the people from keeping and bearing arms.
The preforatory clause of the 2nd Amendment is "
A well regulated Militia, being necessary to the security of a free State,...". is is a dependent (or subordinant) clause meaning, that while it contains a subject and a verb, it does not express a complete thought so it is not a sentence and can't stand alone.
The preforatory clause of the 2nd Amendment only declares that "the security of a free State" is contingent upon the existence of "a well regulated Militia".
- In the preforatory clause of the 2nd Amendment, there is no mention of any right to a free State.
- In the preforatory clause of the 2nd Amendment, there is no mention of any States' right.
- In the preforatory clause of the 2nd Amendment, there is no mention of any militia's right.
- In the preforatory clause of the 2nd Amendment, there is no mention of any organized militia.
- In the preforatory clause of the 2nd Amendment, there is no mention of any restriction of any right.
- In the preforatory clause of the 2nd Amendment, there is no mention of any qualification for the exercise of any right.
"Well regulated" means, maintained in proper function.
"Militia" means, at minimum, every able-bodied man of at least 17 and under 45 years of age not already part of the standing national military. The militia, as defined by the USC, includes both the organized and unorganized militias without regard to their state of readyness or function.
"Free State" is synomymous with free country; it means, a nation free of despotism.
Yet just by itself, the preforatory clause is incomplete--it's complete meaning is dependent upon (subordinate to) the complete, unabridged meaning of the main clause, which stands on it's own. The complete meaning of the preforatory clause requires that "
... the right of the people to keep and bear Arms, shall not be infringed."
A well regulated Militia is dependendent upon the right of the people--the whole body of the individual soverigns--to keep and bear Arms, which is why the 2nd Amendment declares that the right shall not be infringed.
The preforatory clause cannot constrain the main clause without being repugnant to itself--without violating the 2nd Amendment's stated intent and purpose.
The main and opertative clause of the 2nd Amendment is what the amendment is all about: it is only about the right, which belongs affirmitavely to the people; the right is unambiguously to keep and bear arms, which shall not be infringed.
