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Old 11-21-07, 07:43 PM   #6 (permalink)
danarhea
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Re: High Court to Take D.C. Gun Ban Case

Quote:
Originally Posted by Bleeding Head Ken View Post
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.
Excellent analogy, and BTW, Welcome to Debate Politics.
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