I just noticed that in trying to answer the theory in the opinion of the court I dealt with the Amendment as if it did not say "to the security". So even just directly from this, how would the theory of the court stand? If the purpose of the Amendment does not include empowerment and it was not dependent on the existence of sufficient power, how would preserving the militia leads to security? Should one assume a magical connection to that in that "clarifying" part of the Amendment? The Amendment could have said "..necessary to a free state, the right.." or even just "..necessary, the right.." and that part could lead to ambiguation more than clarification if the purpose of the Amendment was as it could be according to the theory of the court. So how about missing as direct connection as that?
No comments:
Post a Comment