Gun Control & RKBA
In reply to the discussion: The meaning of the Second Amendment (One Perspective) [View all]beevul
(12,194 posts)"According to Scalia, the militia reference in the first part of the amendment simply announces the purpose for which the right was codified: to prevent elimination of the militia.
This is in fact, consistent with the text of the amendment.
Amendment 2 says "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".
This is exactly the same thing as saying "because a well regulated militia is necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Textually, those two phrases have exactly the same meaning.
So, your analysis is wrong.
Second and more importantly - and this inconvenient bit of fact destroys your entire premise - the bill of rights in which amendment 2 is contained, was at the time of its writing a "government shall not" document. It authorizes nothing, grants no powers to government, and specifically enumerates things which government shall not do.
"Congress shall make no law..."
"...shall not be infringed"
"No soldier shall be..."
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
"No person shall be held to answer for a capital, or otherwise infamous crime, unless..."
They are consistent that way - each specifying what government is forbidden from doing, and consistent with what the preamble says.
The preamble to the bill of rights makes this intent quite clear:
THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution
http://billofrights.org/
So basically, you got nothing.