View Single Post
Old 11-20-07, 09:38 PM   #5 (permalink)
Bleeding Head Ken
User
 
Bleeding Head Ken's Avatar
 
Join Date: Nov 2007
Last Online: Yesterday 08:32 PM
Posts: 126
Thanks: 17
Thanked 49 Times in 31 Posts
Lean: Libertarian
Gender: Male

Current Mood:
Sick
Re: High Court to Take D.C. Gun Ban Case

Madison's original draft was: "The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country."

The second clause is dependent on the first, and the first is independent of the second. While the order of the reading was reversed, the militia clause still remains a weak dependent upon the right of the people clause.

The first phrase (...Militia...) of the current amendment does not limit the second phrase. It's participle "being" simply emphasizes the reason for the amendment to be in the BoR. Imagine if the Constitution were to say "The car tires being flat, the right of the people to walk shall not be infringed". Would it make sense then that if the car tires were filled, Congress could infringe upon the right to walk? No one denies that the people have the right to walk, but if the car tires are flat, then people are just going to have to walk. Similarly, the people have the right to keep and bear arms, and if the militia needs to be called out, the people will need their arms.
Bleeding Head Ken is offline   Reply With Quote
The Following 6 Users Say Thank You to Bleeding Head Ken For This Useful Post: