Okay, I quoted nothing of yours. I'm just going to expand.
We have two things here.
We have the history and we have the Supreme Court's view of things.
Let's look at the parts of Heller you were bitching about that I didn't talk about.
"The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose."
This is what we've spoke about before. It explains why the Amendment was put in place, but doesn't limit the latter grammatically. As I said.
"Logic demands that there be a link between the stated purpose and the command. "
"But apart from that clarifying function, a prefatory clause does not limit or expand the scope of the operative clause. "
No, it doesn't limit it. However it doesn't also allow for fantasy.
So, imagine this "A well regulated militia being necessary to the security of the free state, the right of the people to carry guns around with them shall not be infringed"
Seems disjointed.
Now we get onto the Court in Heller being a little misleading, to say the least.
" At the time of the founding, as now, to "bear" meant to "carry.""
Yes, "bear" can mean "carry". It can also mean other things
-Can't bear something
-Carry
-Give birth
-to yield crops
Definition of BEAR
"
— bear arms
1: to carry or possess arms
2: to serve as a soldier"
This dictionary uses the term "bear arms" as different from bear used without arms.
One is to carry or possess arms, the second to serve as a soldier.
"When used with "arms," however, the term has a meaning that refers to carrying for a particular purpose--confrontation."
Ah, so we have the Supreme Court saying "bear arms" means with some intent or purpose that involves using the arms for some kind of force. Whether physical force, intimidation, or just to keep the peace.
"Although the phrase implies that the carrying of the weapon is for the purpose of "offensive or defensive action," it in no way connotes participation in a structured military organization."
Here they put in something at the end to basically say "you don't need to be in the militia to have the protection of this right"
It's gone from "offensive or defensive" action within a military context to within any context at all. Ie, self defense.
However this comes from another court case where Ginsburg basically used "bear arms" using "bear" as "carry", rather than "bear arms" together.
" From our review of founding-era sources, we conclude that this natural meaning was also the meaning that "bear arms" had in the 18th century. In numerous instances, "bear arms" was unambiguously used to refer to the carrying of weapons outside of an organized militia. The most prominent examples are those most relevant to the Second Amendment: Nine state constitutional provisions written in the 18th century or the first two decades of the 19th, which enshrined a right of citizens to "bear arms in defense of themselves and the state" or "bear arms in defense of himself and the state.""
Now, this is true. The problem is that each and every one of these clauses was SPECIFIC in this purpose whereas the Second Amendment WAS NOT.
The Second Amendment wrote "the right to keep and bear arms"
"bear arms in defense of themselves and the state" and "bear arms in defense of himself and the state." are specific.
However it's hard to tell in what manner they were written. I've struggled to find documents pertaining to this.
Does this mean that you have the right to defend yourself from intruders, or defend yourself from invading forces?
Remember at the time that the Native Americans were a constant threat, and that actually having to defend yourself militarily was a real thing back then.
"These provisions demonstrate--again, in the most analogous linguistic context--that "bear arms" was not limited to the carrying of arms in a militia."
And here it's where they've taken a massive leap.
No, "bear arms" is not limited to the militia. You have to have the protection of the right to be in the militia otherwise the whole thing doesn't work. Imagine having to be in the militia in order to be protected to be in the militia. They could kick people out of the militia and then you'd no longer have that protection. Silly.
However they've taken two things, "carry arms" instead of "militia duty" "render military service" etc, and then said something true on top of something that is false.
"The phrase "bear Arms" also had at the time of the founding an idiomatic meaning that was significantly different from its natural meaning: "to serve as a soldier, do military service, fight" or "to wage war.""
This is where the Supreme Court gets confusing. They're basically saying "we know what this means, but **** it, we're going to go off the rails and say stuff that isn't true because we can."
"But it unequivocally bore that idiomatic meaning only when followed by the preposition "against," "
I disagree. The document I presented before does not use "bear arms" + "against" to mean "militia duty" and "render military service.
Amendment II: House of Representatives, Amendments to the Constitution
Also the different versions of what would become the Second Amendment also do not use "against" with "bear arms" even when they use "render military service" synonymously with "bear arms".
"Every example given by petitioners' amici for the idiomatic meaning of "bear arms" from the founding period either includes the preposition "against" or is not clearly idiomatic."
Here's the problem, willful ignorance. At times the Supreme Court has presented historical data willingly. Here they have refused to supply their own and simply said "well, the petitioners didn't say anything like this, therefore we're going to pretend it didn't happen.
"Giving "bear Arms" its idiomatic meaning would cause the protected right to consist of the right to be a soldier or to wage war--an absurdity that no commentator has ever endorsed."
Which again is a complete and UTTER LIE. I have the FOUNDING FATHERS saying this. Not just one either. And them saying this in the House.
The Supreme Court is deliberately misleading, ignoring history and FACT in order to make a case that is wrong.
" Worse still, the phrase "keep and bear Arms" would be incoherent. The word "Arms" would have two different meanings at once: "weapons" (as the object of "keep") and (as the object of "bear") one-half of an idiom. It would be rather like saying "He filled and kicked the bucket" to mean "He filled the bucket and died." Grotesque."
This is just ridiculous. I mean, to "kick the bucket" has nothing to do with buckets. To "bear arms" comes from carry + arms but in the sense of a duty.
They make the case that "bear arms" could be used outside of military context.
The Supreme Court quoted this
What Did "Bear Arms" Mean in the Second Amendment? by Clayton E. Cramer, Joseph Edward Olson :: SSRN
"Previous scholarly examination of the phrase “bear arms” in English language documents published around the time of the Constitution does show almost entirely military uses or contexts."
"If you look in databases consisting almost entirely of government documents, it should not be a surprise that most of the uses will be governmental in nature. "
Wait, what? We're discussing a document, the Constitution, which is about the government. The Second Amendment is a limit on the government. And he's saying most of the meanings of "bear arms" in relation to the government mean "militia duty" and "render military service" as does the House document discussing the future Second Amendment.
"Searching more comprehensive collections of English language works published before 1820 shows that there are a number of uses that are clearly individual, and have nothing to do with military service. "
"The Framers’ generation used “bear arms” in both civilian and military contexts. "
"[A]nd, if, within twelve months after the date of the recognizance he shall bear a gun"
Which isn't "bear arms" but "bear a gun". Irrelevant.
" “The right of the citizens to bear arms in the defence of themselves shall not be questioned.”"
We go back to a specific thing "in defence of themselves" which is vague at best.
Basically the Supreme Court has used a very long winded account of how "bear arms" doesn't have to mean "militia duty" or "render military service" but really doesn't find one example of "a right to keep and bear arms shall not be infringed" or something similar without something coming in after, which does not mean "render military service" or "militia duty".
It's an age old tactic of presenting a shit load of data and trying to make people believe you when you've actually presented nothing that is actually relevant.
The simple fact is, when used in the manner it was used in in the Second Amendment, it almost always (I say this because I can't confirm "always") refers to "render military service" or "militia duty".
The Supreme Court is being deliberately misleading on this. They know better. But they know what they want too. And they have limits on what they'll say, they'll not say things too directly, but they'll get away with saying stuff that is just plain wrong at the same time.