@hightor,
hightor wrote:oralloy wrote:People have the right to use their arms for self defense as well.
And for hunting, farming, recreation, etc. — but those uses weren't enumerated because those were already common uses at the time.
At the time the Constitution was written, the militia had been in common use for some 600 years.
There wasn't a right to hunt. That was regarded as the province of nobility.
Recreational shooting and farmers killing vermin were protected by the right, but this was not explicitly spelled out by the courts. Self defense on the other hand was explicitly regarded by the courts as being a core part of the right.
hightor wrote:But why is the "well regulated militia" mentioned and none of these other uses?
There was a concern that a malicious federal government might choose to stop using the militia as their primary means of exercising force.
This concern was addressed by putting a line in the Constitution stating the primacy of the militia as the government's means of exercising military force.
The first half of the Second Amendment was this line.
If the courts were to begin enforcing this part of the Constitution, they would require the government to create and maintain militia in every state.
hightor wrote:Every other "right" concerning firearms is derived from this statement
That is incorrect. The right to use firearms for self defense predates any part of the Second Amendment.
All the Second Amendment does is state that the government is not allowed to violate this preexisting right.
hightor wrote:but the only one that can't be taken away is the right to keep and bear arms in connection with use in the militia.
The Constitution forbids violating any part of a right.
We can't for example outlaw political speech and say there is no violation because we still allow pornography.
hightor wrote:I didn't write the amendment — the document could have used an editor in this case.
The statement is pretty clear as it is. The government needs to have a working militia. And the general populace has the right to have modern military weapons.
hightor wrote:The current interpretation isn't derived from the statement itself but on political expedience, pure and simple.
That is incorrect. The current interpretation is based on the long legal history backing up the right.
hightor wrote:A change in popular sentiment or a recognition of conditions in society to enable a future court to rule differently, as long as a provision concerning use in a well regulated militia can be retained.
Now we're getting back to the Democrats wanting to pack the courts full of judges who will maliciously allow the Second Amendment to be violated.
People who want to keep their civil rights and want America to remain free had better vote for Republicans, because the Democrats mean to destroy our Constitution.