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Old 12-06-2007, 09:17 PM   #96
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
Quote:
Originally Posted by Happy Monkey View Post
No. But, legally speaking, if they intended the only enforceable part of the second amendment to be the second half, they should have left the first half off and put their justifications into a separate document. None of the other amendments have introductions.

At the very least, the unique structure of the second amendment complicates an absolutist interpretation. Why have an explicit justification? Why, in that justification, further specify "well regulated" militias? The word "regulated" may have changed meanings slightly over he centuries, but I'd posit that whatever the meaning, it is there to differentiate between "a well regulated militia" and "a mob".
It says well-regulated militias are necessary for a free state to exist, and this is why THE PEOPLE (individuals) retain the right to keep and bear arms. This right isn't granted by government, it's a right we're born with that the Constitution protects. There is nothing "enforceable" about a militia. There is no requirement that those who keep and bear arms be members of a militia. The only enforceable part of that amendment is the part that says THE RIGHT OF THE PEOPLE (note: It doesn't say "the people who are members of militias" or "the militias") SHALL NOT BE INFRINGED
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