3 ms·
The 2A was created for states to maintain their own troops, what is now the modern national guard - hence "well regulated militia" SCOTUS bastardized this orig
by myko 3mo ago
The 2A was created for states to maintain their own troops, what is now the modern national guard - hence "well regulated militia"
SCOTUS bastardized this original intent. It's shameful.
- giantg2 3mo agoWhat you miss is that US Code defines militia as the explicit militia that you mention, but also the implicit militia. That implicit militia includes others not in the national guard. It's also worth mentioning that most states have similar language to the second amendment, including states whose constitutions were implemented prior to the bill of rights, lending to the credence that this is a right of the people, and not of the state. The 10th amendment was supposed to be for the rights of the states. https://www.law.cornell.edu/uscode/text/10/246 https://www.law.cornell.edu/uscode/text/10/246
- myko 2mo agoI'm truly not missing this, it is the original intent of #2A. Activist judges misinterpreting it after the fact does not change that, neither does Congress later passing laws to "clarify" away the original intent.