Setanta wrote:Nor have i contended anything of the kind . . . i just like to keep the concept of "a well-regulated militia" at the fore of the discussion, in all of its ramifications. However, you are ignoring in your casual use of the term government that it was found in Presser versus Illinois that the Second Amendment is only binding upon the Congress and the national government.
The author of ยง1 of the 14th Amendment, Rep. John A. Bingham,
explained in a speech in Congress, on March 31st, 1871,
that it was his intention to overthrow BARRON v. BALTIMORE
( the foundation of the concept that the Bill of Rights did not limit the states )
when he wrote that section of the 14th Amendment,
thereby to curtail the powers of the states
by use of its "privileges and immunities" and "due process" clauses,
thus to enlarge the personal freedom of the Bill of Rights,
quoting verbatim each one of the first eight amendments.
When Sen. Jacob Howard introduced the 14th Amendment to the US Senate,
he described "
the PERSONAL RIGHTS guaranteed and
secured by the FIRST EIGHT amendments of the Constitution;
such as freedom of speech and the press;...the right to keep and bear arms....
The great object of the first section of this amendment is...
to restrain the power of the states and compel them ... to respect these
great fundamental guarantees." [ emphasis added by David ]
Please note that the 2nd Amendment
is within and among the " first eight amendments of the Constitution ".
Note also that the issue before the USSC in
Presser
was whether militia had a right to seize the public streets
for their exercises.
The 2nd Amendment does not confer that right upon private militia,
nor upon anyone else.
David