From a group e-mail I sent out a while back
Hope some of this might help?
It might be nice to point out Nelson Lund's take on the 2nd Amendment, which is one of the simplest, most accurate I've seen (I usually see only paragraph 2 and 3 quoted).
From Professor Nelson Lund of George Mason University-perhaps our foremost Constitutional scholar on the Second Amendment.
Below is taken from the link-in the "The Original Meaning of the Second Amendment" section of his article.
http://www.heritage.org/Research/LegalIssues/wm1851.cfm
The text of the Second Amendment does not imply that the right to arms is confined in any way to militia-related purposes. The most significant grammatical feature of the Second Amendment is that its preamble ("A well regulated Militia, being necessary to the security of a free State...") is an absolute phrase. Such constructions are grammatically independent of the rest of the sentence and do not qualify any word in the operative clause to which they are appended. The usual function of absolute constructions is to convey some information about the circumstances surrounding the statement in the main clause.
Another very significant grammatical feature of the Second Amendment is that the operative clause ("...the right of the people to keep and bear Arms, shall not be infringed") is a command. Because nothing in that command is grammatically qualified by the prefatory assertion, the operative clause has the same meaning that it would have had if the preamble had been omitted or even if the preamble were demonstrably false.
Consider a simple example. Suppose that a college dean announces: "The teacher being ill, class is cancelled." Nothing about the dean's prefatory statement, including its truth or falsity, can qualify or modify the operative command. If the teacher called in sick to watch a ball game, the cancellation of the class remains unaffected. If someone misunderstood a phone message and inadvertently misled the dean into thinking the teacher would be absent, the dean's order is not thereby modified.
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It also might be nice to show how some (far?) left folks like Eugene Robinson have finally admitted the 2nd means what it says, even though over the years he's been one those making the rounds advocating gun control/anti-2nd Amendment stances.
Of course he's only half way there-he's wrong about the "deadly consequences".
Deadly Consequences -- But the Right Call
By Eugene Robinson
Friday, June 27, 2008
http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062603656.html?sub=new
Below are a few points from his article-'course he knew all this even while he was making the rounds pushing gun-control-just as I suspect most proponents of gun control do.
This case, for me, is one of those uncomfortable situations in which my honest opinion is not the one I'd desperately like to be able to argue. As much as I abhor the possible real-word impact of the ruling, I fear that it's probably right.
I realize that the now-defunct D.C. law was unusually comprehensive and restrictive and thus, in the legal sense, offered a bull's-eye for the pro-gun lobby. I also know that the law was easy to attack on grounds of efficacy: Given all the handgun killings in the city, was the ban really having any beneficial impact?
The big problem, for me, is the clarity of the Second Amendment's guarantee of the "right of the people to keep and bear arms." The traditional argument in favor of gun control has been that this is a collective right, accorded to state militias. This has always struck me as a real stretch, if not a total dodge.
I've never been able to understand why the Founders would stick a collective right into the middle of the greatest charter of individual rights and freedoms ever written -- and give it such pride of place -- the No. 2 position, right behind such bedrock freedoms as speech and religion.