The meaning of the Second Amendment (One Perspective)

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129. Let's discuss a few things

First, the Second Amendment as a whole in light of the others in the Bill of Rights:
Statutory interpretation is the process by which courts interpret and apply legislation. There are what are known as Canons used in the course of statutory interpretation. The principle known as "In pari materia" (in English, 'upon the same matter or subject') When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter. The other amendments in the BoR and the BoR taken as a whole have as their objective the securing of rights to individuals. Each one expresses a respect for individuals and their freedoms. The BoR stands as a protection of the rights and freedoms for everyone and acts as a burden on the government such that law making and interpretation has a first duty to secure those same rights and freedoms.

The Second Amendment and the Bill of Rights exist as the first ten amendments to the US Constitution. The fact that these sacred protections are expressed as such in way does not affect or speak to their importance among the other articles and sections of the Constitution. The existence of a Bill of Rights was demanded by several of the original 13 states in for them to accept and ratify the Constitution. Some folks with both education and experience have characterized the Constitution as the greatest export the US has to offer the world. Of the almost 200 major nations in the world, the model of a government formed and framed by a written constitution has become common to about 97% of the world. There is nothing technically standing in the way of a revision of the Bill of Rights nor is there any need for such a change.

Second, the basic meaning of the Second Amendment:
The "Plain meaning" Canon dictates - The United States Supreme Court discussed the plain meaning rule in Caminetti v. United States, 242 U.S. 470 (1917), reasoning &quot i)t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain... the sole function of the courts is to enforce it according to its terms."
In the language of the day the term "well regulated" implied properly functioning when in the militia context.

The USA at the time of the writing of the Constitution was NOT a British colony. New Hampshire, the ninth state, ratified the Constitution on 21 June 1788 making it the law of the land for those 9 and any subsequently ratifying states. The US existed as a Confederation for almost 13 years at this point and the War of Independence had been over about 6 years. Referring to yourself as "British" or to your locale as "a colony" would likely get you thrown out the tavern.

This is explained here clearly: defined by US Constitution, Congress shall have power to provide for calling forth the militia. The entire body of physically fit civilians eligible by law for military service. This is super important because it frames the scope of it, if congress can call on it, it is not made to go against it but for it, catch my drift, so it is made to counter exterior forces and not internal ones...

From the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

The underlined phrase "to alter or to abolish it" is the exact method by which the US separated itself from England. There was at the time a common view that nations used standing armies to dominate their populations. A militia consisting of the majority the free people (consider reading #46 of the Federalist Papers written by President Madison, the principle author of the Constitution) was viewed as a sufficient guard against the federal government using any regular army in that manner.