Tilted Forum Project Discussion Community - View Single Post - Well, I just love useless bill submissions by congress

dc_dux · 10-19-2006, 03:05 PM

Since we're off on the 2nd amendment....

My understanding is that there is a Supreme Court precedent on "the people" clause and that it recognizes "the people" in the same manner as the 1st amendment.

The "militia" clause is less settled. Presser said the states cant interfere with the right of the federal government to maintain a militia ...it did not go so far as to say that any or all individuals who own guns are that defacto militia or reserve force.

edit: It seems to me if the NRA was confident of the meaning of the "militia" clause, it would have challenged one or more of the many state/local gun control laws in the last 20 years.

10-19-2006, 03:05 PM	#27 (permalink)
dc_dux Location: Washington DC	Since we're off on the 2nd amendment.... My understanding is that there is a Supreme Court precedent on "the people" clause and that it recognizes "the people" in the same manner as the 1st amendment. The "militia" clause is less settled. Presser said the states cant interfere with the right of the federal government to maintain a militia ...it did not go so far as to say that any or all individuals who own guns are that defacto militia or reserve force. edit: It seems to me if the NRA was confident of the meaning of the "militia" clause, it would have challenged one or more of the many state/local gun control laws in the last 20 years. __________________ "The perfect is the enemy of the good." ~ Voltaire Last edited by dc_dux; 10-19-2006 at 03:33 PM..