Reply to The Illegitimacy of the Supreme Court

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The Bill of Rights, the first 10 amendments in the Constitution, spells out Americans’ rights in relation to their government.

So the 2nd amendment refers to the rights of the individual.   The framers understood that not everyone might understand the concept of the people having rights so they reiterated it in the 9th amendment because it would be impossible to enumerate every right.

9th amendment states - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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The other 9 amendments in the BOR recognize individual rights. The 2nd amendment created the state national guards. It’s a collective right, not an individual right. It’s just that it was accidentally inserted into a document that otherwise had a listing of individual rights. It was an oversight, a mistake. The sooner we acknowledge that the sooner we can do away with these guns. [/quote]

Cite?[/quote]

DP but this is correct.  After all, why do you think the Framers said "well regulated militia?"  And why do you think the same authors of the 2nd Amendment then went on to pass the Militia Act within 6 months of ratifying 2A, which further defined exactly what they were talking about?  And for those who stupidly invented mythology about "to protect us against tyrannical government" read a bit about what else happened within a few months of passage of 2A - some citizens took up arms against what they thought was tyrannical about the newly founded American government, the Whiskey tax.  And again, those exact same Founding Fathers authorized George Washington to take said militia to put down the armed insurrection.  That provides vastly more true and accurate historical context and insight into what the Founders had in mind than any of the bogus NRA talking points ever will.[/quote]

From the Militia Act you cite.

I. “Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved.

That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed”

Note the section above - militia member needs to bring their own arms when called up.   So if having arms was not an individual right. Then the US would have had an unarmed militia.

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