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Reply #89: The statement is not incorrect. [View All]

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Joe Steel Donating Member (337 posts) Send PM | Profile | Ignore Tue Apr-28-09 01:20 PM
Response to Reply #61
89. The statement is not incorrect.
That may be so, but the 2nd speaks nothing about it.

"The Second Amendment protects the right of the People, collectively sovereign, to raise an army of common citizens, a militia, to ensure the security of the state."

This statement is incorrect. The Militia Act did so, but the 2nd Amendment does NOT provide for the formation of a militia. You could lop off the 'A well regulated milita being necessary to the security of a free state,' and not change the functional nature of the amendment one iota.


The statement is not incorrect. The implication you find in it is incorrect. The Second Amendment is not a detailed script for legislation. It is a declaration of the People's right, a statement of principle. Subsequent legislation may or may not have supplemented it.

But the meaning is clear. Several Supreme Court decisions make it quite clear, the right of the people to keep and bear arms, is not in any way whatever dependend upon their membership in any Militia.


Your argument suggests a misapprehension of the term "militia" as it is used in the Second Amendment. You seem to think it is a discrete body, as if membership in the militia is akin to membership in a club or in a community organization. That's not the meaning of the word in the Second Amendment. As it is used in the Second Amendment, "militia" is the citizenry considered in their capacity to act as soldiers. Compare with the capacity of citizens (and others) to act as consumers and purchasers of goods and services. In that capacity, we would call them the "market." The word is a generality used in a statement of political philosophy.

Secondly, as a statement of political philosopy, the Second Amendment isn't concerned with the possession of physical objects. It is concerned with the establishment of principles. The phrase "keep and bear arms" doesn't mean own and carry guns. It means "manage and serve in the military."
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