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To: ctdonath2
"The enumerated right clause is not subordinate to the militia clause."

No, it explains it.

Since the right didn't extend to "all persons", the preface defined who it protected.

"Again, I had not referred to whether the person in question (me) was in a state militia."

I know. I said that IF you were your right was protected by the second amendment. If you're not, then your right isn't protected by the second amendment.

55 posted on 10/18/2007 8:03:47 AM PDT by robertpaulsen
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To: robertpaulsen
F you were your right was protected by the second amendment. If you're not, then your right isn't protected by the second amendment

Are you saying that the 2A only applies to state militias?

61 posted on 10/18/2007 8:14:48 AM PDT by groanup
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To: robertpaulsen

Well, a “right” doesn’t make much sense if it depends on whether the government (fed or state) has selected a person to exercise that right - does it?

In _Miller_, there was absolutely no discussion about whether Mr. Miller was part of a militia of any kind; to the contrary, his weapons possession charge plainly stemmed from criminal activity. If the Supreme Court, and any court along the path of that case, had ANY inkling that the 2ndA had the limitation you refer to, that would have been the first thing used to throw out his appeal. The question addressed at length was not whether Mr. Miller was one of “the people”, but whether the weapon in question had any militia suitability.

In other Supreme Court cases oft recounted (names escape me at this millisecond, you know them), there are plenty of direct and indirect references to the 2ndA applying to a whole lotta people that you put outside the “white male landowner” and “state militia member” limitation.


62 posted on 10/18/2007 8:29:59 AM PDT by ctdonath2 (The color blue tastes like the square root of 0?)
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