WhatWall
Silver Meritorious Patron
So true.The 2nd Amendment contains the leading phrase "A well regulated militia, being necessary to the security of a free state..."
(This reminds me of the song "Danny Boy".)
In those old times there was fear of a large standing army being abused by gov't against citizens.
IMO, if this part of the 2nd Amendment had not been stated then this issue would be much clearer and not had turned out to be so much of a legal complexity in U.S. history.
The concern about the danger of a standing army is now moot because that army is armed far beyond the means of citizens to defend themselves from it. When the 2nd Amendment was written, citizens possessed firearms equal to or better than those of the standing army.
However, interpreting the 2nd Amendment as guaranteeing a state's right to a well regulated militia is a bit of a stretch since the Bill of Rights acknowledges the natural rights of people. That interpretation requires a basic misconception of the Bill of Rights, as well as the Constitution. And of course the writings of the men who crafted & signed the Constitution and later added the Bill of Rights are clear on the subject: The Second Amendment: The Framers' Intentions
If that amendment had been more clearly stated in terms of current understanding, then the current attempts to invalidate it would probably fall back on the more general proposition that "The Constitution is an old, outdated and, therefore, inapplicable document."
