Canada OpEd: Gun lobbies: inmates running the asylum
Posted: Mon Jan 24, 2011 2:56 am
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What a brilliant interpretation! The second amendment prevents the government from preventing itself from establishing an armed force!It’s the Second Amendment to the American Constitution, a part of the U.S. Bill of Rights: “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.”
In most of the normal world, that statement is interpreted to mean that the government, representing the people, is entitled to establish an armed force. But for many Americans, led by the NRA, it means something far more. It means that every individual has the right to be personally armed.
The thing about militias is that they are not permanent entities and militiamen provide their own arms.lemur wrote:I can understand people who say the 2A is about militias, seeing as militias are different than the armies and navy authorized by section 8. I do not agree with them but I understand their reasoning. The Globe and Mail's analysis though is pure batshit craziness.
You and I are in agreement about the fact that it does not matter that it says "militia". I've emphasized the operative phrase in the bit you quoted:Wurble wrote:The thing about militias is that they are not permanent entities and militiamen provide their own arms.lemur wrote:I can understand people who say the 2A is about militias, seeing as militias are different than the armies and navy authorized by section 8. I do not agree with them but I understand their reasoning. The Globe and Mail's analysis though is pure batshit craziness.
So it doesn't matter if it is talking about militias because militias still mean everyone NOT in the army and it still means they have to be permitted to keep and bear arms.
I understand the second amendment the way Prof Volokh does: the prefatory clause, or justification clause or whatever (the bit about militias) just gives one example of why the RKBA is desirable. It does not impose limits on that right.lemur wrote:I can understand people who say the 2A is about militias, seeing as militias are different than the armies and navy authorized by section 8. I do not agree with them but I understand their reasoning. The Globe and Mail's analysis though is pure batshit craziness.
I wasn't sure. Maybe I should have prefaced, "I'm not sure but..."Wurble wrote:You misunderstand me.
Perhaps I should have prefaced my statement with:
"I agree..."