Wednesday, June 14, 2023

2nd Primer

 "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."


The first part, "A well regulated Militia, being necessary to the security of a free State,"  is a claim, or if you will, a statement of fact.  Note:  It isn't contingent.  It doesn't say, As long as it is generally agreed upon that, a well regulated Militia, being necessary to the security of a free State, then the right of the people to keep and bear Arms, shall not be infringed."

The second part, "the right of the people to keep and bear Arms, shall not be infringed." is a statement of law.  It is vague about who or what entity should be prevented from doing the infringing, but at the very least, it would have to bind the federal government.  For the sake of consistency, under the incorporation doctrine, this should include all levels of government.



No comments: