Quote:
Originally posted by Nic Name
The reference to militia has only caused confusion when folks have tried to apply the clause without reference to militia, like it was a case of bad drafting because it doesn't fit well the current perceived needs.
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Maybe. But I'd point out "Report of the Senate Judiciary Committee Subcommittee on the Constitution, 97th Cong., 2d Sess., The Right to Keep and Bear Arms (1982)
http://www.guncite.com/journals/senrpt/senrpt.html
as a source of some very interesting constitutional scholarship on that issue, especially the preface written by Hatch.
http://www.guncite.com/journals/senrpt/senrpt.html#h1
These are probably the grounds on which the Ashcroft Justice Department has taken the stand they have.