[ml/nj]

While nothing in the language of the Eldred ruling had to do with the Second Amendment, Columbia Law School professor Michael C. Dorf noted that only two constitutional provisions use prefatory or introductory language to explain their purpose: the copyright clause and the Second Amendment.

This is very wrong.

Professor Dorf really needs to take a remedial course on The Constituion. The Preamble ("We the People ...") to the entire Constitution is certainly prefatory language which explains purpose. It is very settled that the Preamble conveys no law. Similarly it should be argued that the "preamble" to the Second Amendment ("A well regulated militia ...") must convey no law.

ML/NJ

[Redbob]

And Prof. Dorf could also benefit from a remedial course in English grammar. Comparing a clause beginning with the preposition "to" with a clause beginning with the article "a" really doesn't make sense.

Per Prof. Roy Copperud, "The words 'A well-regulated militia, being necessary to the security of a free state,' constitutes a present participle, rather than a clause.
It is used as an adjective, modifying 'militia,' which is followed by the main clause of the sentence (subject 'the right', verb 'shall'). The right to keep and bear arms is asserted as essential for maintaining a militia.

For a full discussion, see
http://www.saf.org/journal/4_Schulman.html

[supercat]

Similarly it should be argued that the "preamble" to the Second Amendment ("A well regulated militia ...") must convey no law.

It conveys no law, but it clarifies the second part. In particular, it makes clear that it's not about protecting "hunting or sporting weapons".

[BTW, the construct in the copyright power is different; there, the authority to pass copyright laws only extends to those which would promote the sciences and useful arts. The Second Amendment states, essentially, "Because of X, Y". The copyright power states, "[Congress may] do X by doing Y."

Personally, my interpretation of the copyright ruling is that almost nobody in power actually reads the Constitution for what it actually says.