joefromchicago wrote: Congress can violate someone's right under the second amendment, then, by banning the private ownership of arms that someone would be expected (or required) to use in militia service.
Your use of the passive voice here conceals an interesting point. Who does the expecting if it isn't Congress?
joefromchicago wrote: That's not the prevailing interpretation of the amendment, and I doubt that any legislature would go that far, but I think that's a fair reading of both the text and the intent of the second amendment.
When you interpret the US Bill of Rights in general, what do you make of the conception of individual rights under English law? It is, after all, the law that applied to the colonists until 1776. During the runup to the revolution, the colonists were asserting their rights under this law. Finally, they declared and fought for independence on the theory that they needed a new form of government to secure their rights under English law. With all this in mind, how, if at all, is the conception of rights in 1776 English law relevant to understanding the American Bill of Rights?
Judging by how Blackstone (1765)
summarizes "the absolute rights of individuals", 18th century lawyers understood individuals to have three absolute substantive rights: life, liberty, and property. These substantive rights were secured by three absolute procedural rights: jury trial, petitioning the king -- and bearing arms, which includes a right to resist oppression. How is 1776 English law, as summarized in Blackstone, relevant to your reading of the Bill of Rights in general? How relevant is it to your interpretion of the Second Amendment in particular?