WinterBorn
Diamond Member
No one is claiming our Second Amendment establishes any rights in private property. Mere possession is Only nine-tenths of the law.The People are the Militia; Arms are declared Socialized for the Militia in Article 1, Section 8; thus, no rights in private property can be established via the Militia clause of our Second Amendment..The People are the Militia and the militia is defined in 10USC311; the Judicature does not get to define what the militia is or is not regarding what is necessary to the security of a free State.It has already been quibbled over. It went all the way to the US Supreme Court in DC v. Heller. They ruled that it is an individual right.
" 1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53."
They didn't. They ruled that the 2nd amendment was an individual right, as they should have. The writings of Madison and the fact that the right is detailed i an amendment and not in the section concerning militia shows this.
The SCOTUS did not define the militia at all. They simply, and correctly, ruled that the 2nd is an individual right.
Not all the people are the militia. And the militia clause does not need to establish property rights. The second clause establishes that quite nicely.
No, but you DID claim that no property rights can be claimed via the militia clause of the 2nd, like that means something. It does not address property rights at all.