08-06-2018, 04:52 PM
It's illogical to consider the militia clause in the 2nd Amendment as a "justification" clause. None of the other individual rights enumerated in the Bill of Rights has one. If the 2nd Amendment had not been meant to ensure availability of military arms to the members of organized State militias, it would've just said: "The right of the people to keep and bear Arms, shall not be infringed."
And his statement that "[militia] is clearly not a reference to a small, National Guard-type group" is clearly wrong. The 2nd Amendment does not say "the militia," which would encompass both the organized and unorganized militia. Instead it addresses a "well-regulated" militia, which means the organized State militias that were superseded by the National Guard.
And his statement that "[militia] is clearly not a reference to a small, National Guard-type group" is clearly wrong. The 2nd Amendment does not say "the militia," which would encompass both the organized and unorganized militia. Instead it addresses a "well-regulated" militia, which means the organized State militias that were superseded by the National Guard.