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Politics : Libertarian Discussion Forum
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To: chalu2 who wrote (3627)5/13/2000 10:55:00 PM
From: Daniel W. Koehler  Read Replies (1) of 13062
 
Ambiguities indeed. Sheer legal sophistry almost as herniated as your other deconstructionist arguments!

I think it's clear that "the people" is not intended by the Founders to be restricted to the context of well-regulated state militias. We did not have a standing national military in 1789 and a militia is a VOLUNTARY organization; precatory rather than mandatory. Having the several states regulate militias meant that they would help mobilize them again a common foreign enemy, which was a real threat to the fledgling Union.

So, if the 2nd meant that citizen would be restricted to bearing arms only in the context of being in a militia, then it would be stated that the states COULD infringe on the rights of the people to keep and bear arms. Because then "people" would mean only those belonging to a militia. This is clearly nonsensical to use "people" to mean only those in a militia.

"Keep" means "own", being a common 18th century usage.

It is the fallacy of composition to say that only "the people" collectively can keep and bear arms but individuals alone cannot.


AMENDMENT II

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.
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