Scalia Rules That the Use of "Militia" in the 2nd Amendment Does Not Limit the Right to Bear Arms to Soldiers
"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."
"Fresh buttermilk pancakes, being a delicious breakfast food, the right of the people to keep and bear arms, shall not be infringed."
"A domesticated dog, being a superlative friend to a man of any station, the right of the people to keep and bear arms, shall not be infringed."
"A sailing ship, being a thing that is larger than a bread box, the right of the people to keep and bear arms, shall not be infringed."
"The weather in Philadelphia, being hotter than the armpit of one of Benjamin Franklin's whores, the right of the people to keep and bear arms, shall not be infringed."
"Gout, being a painful and unseemly ailment, the right of the people to keep and bear arms, shall not be infringed."
"Samuel Adams of Massachusetts, being a known welsher on his gambling debts, the right of the people to keep and bear arms, shall not be infringed."
"The number ninety seven, being the sum of the number forty three and fifty four, the right of the people to keep and bear arms, shall not be infringed."
"Totally irrelevant and unrelated statements, having nothing to do with anything they happen to proceed, the right of the people to keep and bear arms, shall not be infringed."
"Fresh buttermilk pancakes, being a delicious breakfast food, the right of the people to keep and bear arms, shall not be infringed."
"A domesticated dog, being a superlative friend to a man of any station, the right of the people to keep and bear arms, shall not be infringed."
"A sailing ship, being a thing that is larger than a bread box, the right of the people to keep and bear arms, shall not be infringed."
"The weather in Philadelphia, being hotter than the armpit of one of Benjamin Franklin's whores, the right of the people to keep and bear arms, shall not be infringed."
"Gout, being a painful and unseemly ailment, the right of the people to keep and bear arms, shall not be infringed."
"Samuel Adams of Massachusetts, being a known welsher on his gambling debts, the right of the people to keep and bear arms, shall not be infringed."
"The number ninety seven, being the sum of the number forty three and fifty four, the right of the people to keep and bear arms, shall not be infringed."
"Totally irrelevant and unrelated statements, having nothing to do with anything they happen to proceed, the right of the people to keep and bear arms, shall not be infringed."
posted by The Editors at
6:10 AM
4 Comments:
You have a point, it is a poorly written sentence. This is partially because it has been changed a few times, and perhaps partially because language structure was a bit different in the 1700s. I would dispute, however, your argument that the first half of the amendment is totally meaningless and unconnected to the second half; it seems clear that the intent of the writers was to justify the latter with the former. Whether or not this means that the right to bear arms can be state or federally regulated is still debatable - in fact, I tend to side with you, I believe. However, it is I think a bit ingenius to frame the argument in this way. Interesting read though!
Or perhaps it the point is that the first clause of the second amendment is now irrelevant, due to Scalia's ruling.
The statement that the use of "Militia" in the 2nd amendment does not limit the right to bear arms is completely true. The term "militia" does not mean a standing army, the entire point was to insure everyday citizens the right to form local militias, not only to protect against invaders, but also to ensure the protection of the people from the tyranny of their own government. This country was founded by revolutionaries, it's surprising how easily people forget that. Personally I think we're far overdue for a revolution. Some quotes from Jefferson:
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state.
Every generation needs a new revolution.
Separate statements but still linked. Many believe and argue in favor of the second amendment using sportsmanship as the reason. The second amendment is actually to keep the citizenry arm against foe both foreign and domestic. It is to protect us (the citizens) from a tyrannical government.
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