I wrote an article on free republic a while ago about this. see below
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The deliberate misinterpretation of the phrase "well regulated" in the 2nd Amendment is easily exposed through a simple exercise of English.
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
First who is the intended target of the 2nd Amendment that is to obey the 2nd Amendment?
- the answer is everyone and that includes the government (federal, state and local).
Second, what is the verb in the 2nd Amendment that commands the actions of the target?
-The answer: there is only one verb which is the verb phrase - "shall not be infringed".
Third, what is the subject of the sentence that receives or benefits from the action of the verb?
-There are two subjects: the clause "well regulated militia" and the noun clause "the right of the people to keep and bear arms". Those two subjects are then not to be infringed.
The obvious English interpetation of the 2nd amendment then is: the target (Government and everyone else)is commanded not to infringe on the militia and is commanded not to infringe on the people's rights to own and bear guns.
Logically then it is completely illogical and nonsensical to think that the government can regulate the Militia when the second amendment commands the government NOT to infringe on the Militia. This should always be the counter-argument for anyone that says that the government has the right to regulate the militia. I have never heard anyone - the NRA, GOA, any TV show or radio - use this argument but it is as clear as day. After all the Bill of Rights and the Constitution was primarily written for the people and only secondly for the Lawyers and judges and the Supreme Court.
Also the phrase "well-regulated" in the 2nd amendment is not a verb. So the second amendment is not saying the government or anyone has the right to regulate the militia but instead is directing, by the real VERB of the Sentence, that the Militia shall not be infringed.
This then leaves open the question - how is it that a militia cannot be infringed by anyone?
- The answer can only be because the militia is a private organization separate from any government. Or in other words the militia is the people acting outside of the government, and the government is directed by the second amendment to not infringe on these actvities of the people or militia.
Another question about the English of the second amendment can then be - then what does "well regulated" mean?
-"Well regulated" back in the times of the colonies meant to practice and or be well-practiced. Intepreting well-regulated correctly requires consistency with the context of the second amendment itself and also with the context of the Bill of Rights in its entirety. This contextual consistency leaves the correct interpretation that is - that not only shall the militia not be infringed, but also the practicing(training, exercises, firing drills, shooting practice, marching with guns, tactical drills, etc)of the militia shall not be infinged; or a well-practiced/well-regulated militia shall not be infringed!
And for anyone that does not know who still would ask - what is the context of the Bill of Rights?
- The answer is that context is a command of prohibition against the Government not to infringe on these listed rights of the people. So again in the context of the Bill of Rights it is again nonsensical to state that the Bill of Rights or the Second Amendment gives the Government the Constitutional power to restrict gun rights or the militia when the Bill of Rights is actuially the opposite of that and is a commanding list of prohibitions against the Government.
And an important side note - I believe the second amendment is the only part of the Constitution where the Constitution's authors had written into the Constitution the reason WHY the amendment is included(but I would be gladly corrected on this)
That reason they wrote
"being necessary to the security of a free state"
One should take note of this as an extra emphasized message that the Founding Father's had sent to us about the importance of being armed. A message made permament as part of the Constitution so as there to be no doubt that they intended that all future generations would understand that this right to be armed shall be defended and protected at all costs!!!!!
I dare say that this is strong evidence that they considered the second amendment then the most important of all rights of the people.
Dobbyman