2nd Amendment Observation
As the Supreme Court considers “the meaning of the Second Amendment for the first time in nearly 70 years,” I’d like to make a quick observation about the amendment’s wording, one which I’m sure others have made before (including, I think, the D.C. Circuit Court of Appeals).
Here’s the exact text: “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.”
Those who would like, for whatever reason, to use government coercion to restrict the natural individual right to bear arms (which is really just a specific case of the general primary natural right to be left alone) often claim that “the people” in this amendment refers to some collective group like the National Guard or other government ‘militia.’
But why do they not make that same argument for the meaning of “the people” in the 1st, 4th, 9th, or 10th Amendments? By their logic, the 1st Amendment, which reads, “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances,” only in fact protects the right of the government itself to peaceably assemble and petition itself for a redress of grievances! Why the double standard here?
Or what about the 4th Amendment, which reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” I guess that actually only protects the government from unreasonable search and seizure?
Look, it’s not hard. “The people” in all of those amendments refers to private individuals. The 2nd Amendment spells out the duty of the government to not infringe on the private individual right to own firearms.
And I haven’t even mentioned the oddity that anti-gun folks seem to think that the dependent clause (the part about the militia) has some limiting affect on the independent clause (the part about not infringing the right to bear arms). The framers could have written just about anything for the dependent clause, and the nature of the specified right would not be affected. They could have said, “Pancakes, being necessary for a delicious breakfast, the right of the people to keep and bear Arms, shall not be infringed.” It seems they forget basic grammar when those big scary guns are involved.
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