With the current Supreme Court the literal text of the constitution doesn’t matter. For example, the text of the second amendment is pretty clear that the right to bear arms is in the pursuit of a well regulated militia. Our
militia has since been regulated into the national guard. The second amendment is nothing more than a constitutional right to enlist in the national guard, but it’s used to promote/codify extreme ideologies.
> The second amendment is nothing more than a constitutional right to enlist in the national guard, but it’s used to promote/codify extreme ideologies.
A well balanced breakfast, being necessary to a healthy diet, the right of the people to grow and eat food, shall not be infringed.
Who has the right to grow and eat food?
A) The people (with no other condition)
B) The people (after a waiting period and background check)
"A well-educated electorate, being necessary for the endurance of a free state, the right of the people to keep and read books shall not be infringed."
Clearly you couldn't expect the right to keep and read books to only apply to the well-educated electorate.
Yeah, this is more or less my understanding of it as well. I assume you're pointing at A. I can't speak to the intent because I'm not a history/law guy.
I say this as a lefty: the US defines the militia as essientially including every able bodied man. Since it was written before the 14th amendment, it probably would be interpreted now as every adult.
In fact the first weapon ban to hit SCOTUS, US v Miller, hinged on the fact that sawed off shotguns had no military application, which was legal basis allowing them to be banned. The court at the time considered bans of military weapons unconstitutional.
Well, that may be clear to you. I don't think either of us are constitutional scholars but I think if we really want some meaningful gun control we should replace the 2nd amendment with something clearer.
You are wrong about the Second Amendment. It clearly states the rights for both militias AND individuals, it's not hard to suss out if you know anything about the period in which it was written.
