The Second Amendment Has Nothing to Do with Gun Ownership

[Igel]

40. Let's try this with the Establishment clause.

1st Amendment and all that.

At the time, there were state religions. My state was Catholic at the time.

If the Bill of Rights doesn't just acknowledge rights but instead creates them, then there is no "natural right" to freedom of religion. And instead of the Establishment clause's simply not interfering with states' rights to interfere with freedom of religion, it has to be read as *protecting* and even affirming the right to interfere with freedom of religion. (Barring later incorporation doctrine.)


Let's also overlook the incoherence of claiming on the one hand that the Constitution gives the Federal government all the authority to be the only controller and organizer of a militia ("National Guard," as though that really was a unitary federal organization under executive oversight) *and* vouchsafes states' rights to be the only organizer and controller of militias. Granted, different people making different arguments isn't unheard of, but if we assume one side is monolithic and therefore incoherence why not assume *both* sides are monolithic (and, well, incoherent).