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Who is reading the Second Amendment as constraining the people rather than the government? It seems like it is either constraining the government from restrict
by lukas099 5y ago
Who is reading the Second Amendment as constraining the people rather than the government?
It seems like it is either constraining the government from restricting the private ownership and use of firearms altogether, or it is constraining the government from restricting the private ownership and use of firearms for the purpose of maintaining a militia.
- CamperBob2 5y agoWho is reading the Second Amendment as constraining the people rather than the government? Everyone who argues that the "militia" means the National Guard or another organized, government-sanctioned body.
- coolgeek 5y agoWhile the US Constitution might not strictly define militia as government-sanctioned, nearly every (if not every) state does so either in state level Constitutions or legislation. Private militias are illegal
- dragonwriter 5y ago> While the US Constitution might not strictly define militia as government-sanctioned The US Constitution presupposes a generally universal militia and US statute law explicitly defines the federal militia as consisting of all able bodied males 17-45 who are, or have made a declaration of intent to become, US citizens, plus those over 45 in or eligible to join the National Guard, plus all females in the National Guard. > Private militias are illegal Private militias are not generally illegal, but they are generally prohibited by each state from engaging in actions reserved for the state militia.