Clayton E. Cramer
2009-10-12 07:43:26
Interesting analysis. Makes you wonder why the gun nuts ignore the first part of the 2nd amendment, the one that says their right to pack heat is tied to membership in a government-controlled militia.
Except that the text doesn’t say that the right is tied to membership in a government-controlled militia. And there is not a single remark, claim, or constitutional commentary from the Framers’ time that makes that claim. The first such claim appears in State v. Buzzard (Ark. 1842), and with respect to the Arkansas Constitution’s more narrowly written “for their common defense” arms provision. The claim that you are making about the Second Amendment does not appear anywhere until after 1900.
