Iriemon said:
I didn't say it, the words "keep and bear" instead of "own" are right there in the amendment. That makes them relevant.
LOL
And I aksed you 'what does keep and bear' mean, if not own and use, when referring to the right of the PEOPLE (as opposed to guardsmen, et al).
The concept of armed forces to maintain the security of the state is completely rational. In 1789, the armed forces were mostly comprised of a "well regulated" militia. I don't know if the country even had a standing army at the time.
And...?
How does that translate into "the people" actually meaning "the militia"?
(There has been a standing army since 14 June 1775)
Perhaps. As I understand it, the concept of the citizen army was that most able bodied folks were expected to serve in the militia.
And...?
How does that translate into "the people" actually meaning "the militia"?
The armed forces in 1789 were largely represented by people serving in a well regulated militia. There was either no standing army or it was puny. It wouldn't make sense to say the army shall have the right to keep arms if there was none.
And...?
How does that translate into "the people" actually meaning "the militia"?
If you want to argue what other people say, as opposed to the language of the amendment, the Supreme Court decisions do not support your theory that individual citizens have the right to own howitzers either.
Than language of the amendment is in question; when this happens, you look to the intent of the people that created the language. I therefore ask again for quotes from the people that debated the amendment as they were debating it -- show me how they indended the amendment to mean what you argue it means
I didn't claim the 2nd protects the right to own a howitzer. Straw, man.
I have no right to determine who my president is. Quite obviously.
Because the current system of government doesnt give you one. Your current system of government was created through your individual right to self-determination, and because of this, your current system of government can be changed to reflect that right.
We have a government of b and for the people. Necessarily, that government is based on the individual right to self-determination.
The right to own a gun is different. IMO, the second amendment is talking about the right to bear arms pursuant to a "well regulated" militia.
How does that make it "different"?
And, while that's your argument, you havent presented anything of value to back it up:
You haven't explained why the Founders used "the people" when (as you claim) they meant "the militia".
You haven't cited cite for me one example of any of the framers arguing that the 2nd protects the collective right to arms to the total exclusion of the individual right.
You haven't explained how a collective right can exist w/o a corresponding individual right underneath it.
You are relying upon the Supreme Court's interpretation. If you want to defer to the Supreme Court in interpreting the clause, what they say goes and our opinions are irrelevant.
And what does the USSC say?
Hint: It supports my argument, not yours.
Look t US v Miller. If there were no individual right to arms, the USSC would have ruled that Milled did not have standing, as the right does not protect him.
But your argument relies upon the militia part, as you justify your position by pointing out the Supreme's language that it must have a "reasonable relation to the preservation or efficiency of a well regulated militia".
Referring to the weapons protected. Yes.
Why? because its necessary to have weapons that will be useful to the miltiia.
Thus you use the concept of infantry to justify the argument for owning weapons of war, but conveniently leave out the "well regulated militia" part of who can "keep and bear" these weapons.
Because the test in miller did not apply to who had the right, but what weapoins the right protected.
So why not howitzers? RPGs? Shoulder fired ground to air missles? Bradley fighting vehicles? TOWs? Those are all weapons used by the infantry. They may have access to tactical nukes as well.
Infantry do not have howitzers, Bradleys or nukes.
Artillerymen have howitzeers.
Mechanized infantry have Bradleys
And very very few, very very specialized artillery units have nukes.