"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." US Constitution, Amendment II
We all know the story behind this contentious bit of legalese. The republic's first generation was worried about a nationalized, standing army. For all they knew, the President would become a dictator or Congress would enslave the States. The compromise was to protect the State militias. It was hoped that the militias would balance a national army. Hence, the Second Amendment. Fast forward 200 years. We have a very advanced, nationalized, standing military that conducts operations all over the world. The State militias have evolved into the National Guard. So, how does that affect the Second Amendment? Does Joe the Plumber have a constitutional right to own a handgun? The Supreme Court has said precious little about this, but the Court has always tied gun ownership to the militia clause. Until this summer, that is. The Court ruled (5-4) that an individual's right to own a gun did not derive from a need for State militias, as had always been thought. Rather, the right to "bear arms" was an independent, pre-existing right. All that militia stuff was just a comment - just one reason to protect the individual's right to own a gun. The other judges called "bullshit!" The Second Amendment has always been about militias. Past Court decisions have always affirmed that connection, and even if the Constitution does prevent *Congress* from outlawing guns, the text clearly gives regulatory rights to the States. Or so they say. What do you say? Aaron http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Memphis Freethought Alliance" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/memphisfreethoughtalliance?hl=en -~----------~----~----~----~------~----~------~--~---
