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Originally Posted by Rochard
That is NOT what is says.
You wrong; It says militia. It's the fourth word of the Second Amendment. You completely cut this part out.
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I understand that the word militia is in there. However it in no way says that the militia has the right to keep and bear arms. The actual ratified version has one comma and it clearly states that the people have the right to keep and bear arms. As I said, the Supreme Court said that it was clearly a right of the people, not of the milita. They addressed that very issue in the decision I linked to.
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Originally Posted by The Actual Supreme Court Decision, Page 7
This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.”
We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans.
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Your argument ignores the fact that there is no amendment needed to give the militia the right to arms. In the constitution proper it states that the congress can arm the militia.
From Article 1, section 8:
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....To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
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