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The Supreme Court opinion in DC v. Heller explains why that clause was included: >The Second Amendment is naturally divided into two parts: its prefatory claus
by homonculus1 7y ago
The Supreme Court opinion in DC v. Heller explains why that clause was included:
>The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose. The Amendment could be rephrased, “Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
https://supreme.justia.com/cases/federal/us/554/570/#tab-opinion-1962738 https://supreme.justia.com/cases/federal/us/554/570/#tab-opi...
- iron0013 7y agoAnd to think that Scalia considered himself an originalist! I guess that only applied when it was convenient to him :/
- homonculus1 7y agoThis is originalism as clearly supported by the numerous references to contemporary language, other writings of the authors, and comparison to other language in the Constitution. Have you read the opinion?