The second amendment to the U.S. Constitution says:
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.
This amendment says we have the right to keep and bear arms. Does it also require that to exercise that right we must join a well regulated militia such as the Army, Army Reserve, National Guard, or one of the other military services?
Would the National Rifle Association be so adamant about preserving the second amendment if the enforcement of the responsibility were backed up by applicable law as well as the right?
I think my interpretation of the second amendment is novel because of the way it makes the connection between the clause “A well regulated Militia” and the clause “shall not be infringed”.
Previously I had heard two points of view. One being the idea that “well regulated Militia” was just a clause explaining why the founders thought up this idea, but it had no other relevance to the unlimited right to bear arms. The other point of view was that the clause “well regulated Militia” was necessary to the interpretation of the clause without much explanation of how that necessity was to be interpreted.
My interpretation says that to have your right to bear arms without infringement requires that you be in a well regulated militia. Since the Equal Rights Amendment has not been added to the Constitution, how can the Supreme court apply equal rights to their interpretation?
Of course it would be up to the Supreme Court to decide what “a well regulated Militia” means. Could “a well regulated Militia” have regulations about your right to bear arms?
Apparently the Supreme Court has already decided that they do not agree with my argument.
Rene Churchill supplied a link to the Supreme Court decision that covers the issues I raised.
See if you can understand how the majority opinion can include
a. Well-Regulated Militia.
In United States v. Miller, 307 U. S. 174, 179 (1939), we explained that the Militia comprised all males physically capable of acting in concert for the common defense.
That definition comports with founding-era sources. See, e.g., Webster (The militia of a country are the able bodied men organized into companies, regiments and brigades . . . and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations
);
and still not entertain my interpretation.
Notice that the section quoted does not say that a Militia comprised all males whether or not they were organized and attended mandatory training. I wonder if the Supreme Court would consider the Klu Klux Klan to be a well regulated militia. Certainly the army of the Confederacy was a well regulated militia.
I wonder if this quote also implies that women are not protected by the second amendment? Since the Equal Rights Amendment has never been approved for addition to the Constitution, how can the Supreme Court justify the extension of this right to women? Did the founding ancestors anticipate this in what they wrote?
For further clarification of the value of this discussion see my posting Of Mice And Men