Little-Acorn
Gold Member
Nowhere does the 2nd amendment mention Congress.The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government
It says that since X is true, the right of the people shall not be infringed.
And since it doesn't restrict its effect to only Congress, that means NO GOVT in the U.S. can infringe the right: Not Federal, not state, not local.
Note that the 1st amendment DOES restrict its effect to only Congress. The 1st deliberately did not apply itself to states or local govts. (The 14th amendment later changed this.)
But the 2nd amendment restricted all governments in the U.S., from the day it was ratified, and still does today.