General Discussion
In reply to the discussion: What America would look like if it didn't change their Amendments [View all]jimmy the one
(2,844 posts)fbaggins: There is no mention of whether or not "militia" excludes Miller... merely that it excludes the specific weapon.
Same specious reasoning used by jmg; you are arguing what the 1939 supreme court did 'not' say, while ignoring what all 8 of them 'did' say. As well as what the 1938 DoJ amicus brief 'did' advise the 1939 supreme court that there was no individual right. This was the prevailing thought then, not an individual rkba.
This counter has been around for decades, the best the gun lobby could do to sweep the miller decision under the rug, muddy the waters & equivocally argue with strained reasoning.
Dialectic reasoning is not always correct - if this means that, and that means this, then this & this means that & that. Nope, not absolutely.