FA_Q2
Gold Member
That question is meaningless in the context of the thread itself as well as the current thread of the conversation which is exploring the right of the people to bear arms. If you wish to have a philosophical discussion on the reasoning behind the preparatory clause then that is open for discussion. Inserting it into a discussion about the right to bear arms and then stating that you never said that clause changes the protected right for the people is disingenuous at best.That does not change the amendment. Given that well regulated militias are necessary it is the right of the people to bear arms.A well regulated militia, being necessary to the free state, the right of the PEOPLE to keep and bear arms, shall not be infringed.Except for the fact the left has no constitutional standing on increasing gun control laws. And the ones they have made (without any legitimate constitutional standing) turn out to be racist gun laws, mainly effecting law abiding black citizens, barring them from gun ownership. You want to increase gun control, you have to repeal the 2nd amendment and then work from there. Language is very solid there, although the left likes to argue about the placement of a comma in the 2nd and claim it only applies to militias (their definition of militias being the military) even though that wasn't at all practiced for the nations first 200 years.
That particular phrase has never been satisfactorily explained. And prollly cannot be.
Now at the time this amendment was passed, there was a clear difference between the uniform military and the militia. Not to mention the word PEOPLE, not military, not militia, was used. The people was used for a reason, and it was not strictly the military or strictly the militia that had the right to bear arms in the first 200 years of this country...so have we just got this amendment wrong for the 200 years? Language in a court is quite clear using the word PEOPLE. But did our founding fathers...who had a problem with a standing army, actually mean for the army or the locally organized militia to only have the right to bear arms?
Oh I wasn't referring to the "people" part, but to the subordinate clause at the beginning.
Nor do you have the text quite right.
Clearly the first comma is superfluous and we can disregard it. Which leaves:
"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."
Which means:
"Given (the premise that) a well regulated militia is necessary to the security of a free State, therefore..."
It's a conditional clause. "If A, then B".
That's not the weird part though. The weird part is --------------------------- why is it even there?
No other Amendment anywhere feels the need to explain or justify itself. Why this one, alone among all of them? A Constitution simply declares "this is how it's gonna be". It has no need to explain anything. And yet ----- there it is.
No matter how you parse the first statement, the right is STILL protected for the people.
Didn''t say it does. I'm asking, "why is it there"? Yes it assumes a given and proceeds from there, but why would it need to do that?
If you have a point that pertains to the thread concerning the clause then state it. If you are just branching off into another concept here then state that. Otherwise, there does not seem to be a point in bringing up the preparatory clause.
It does not change the protected right is an answer to the topic of the thread.A Constitution, whether a country, state, organization, whatever, is an absolute. It's the last word. It isn't making any kind of argument; it simply decrees. We didn't get an Amendment that says "The right of Mrs. Belfry to not have to wait for her lush husband to come home, the manufacture, sale, or transportation of intoxicating liquors is hereby prohibited" and we didn't get another one that said "Yanno what, after seeing how Al Capone and the gangs and the moonshiners reacted, faggetaboudit, the eighteenth article of amendment to the Constitution of the United States is hereby repealed". No justifications are necessary.
Constitutional language is not chosen carelessly. Yet this is the ONLY Amendment, and I'd bet the only place in the Constitution at all, where it actually steps out of character to make an argument to justify itself. I'm asking why they would have done that. For what purpose. "It doesn't change the Amendment" is not an answer to that question.