Related to post +125, one could ask: Still if we take "necessary" to what fit our time, would that mean any kind of necessity would activate the Arms clause of the Amendment?
Luckily, we have the other container reference, the word "right", to help us here. The necessity of the militia part of the Amendment and the Arms clause are not separate statements. Instead, they have a logical sequence imposed by the comma separating them in which the existence of the necessity of the militia has the precedence because it is the cause for the other part. This means everything in the Arms clause from the point of its existence should be taken to have been created by the necessity clause unless proven otherwise. So in addition to how much the necessity of the militia being the generator of "the right" mentioned in the Arms clause is the better fit, we also have it as the default path. The "of the people" following the word "right", suggests telling us that right should follow from being a natural consequence to the necessity of the militia and not because we are told it should follow the necessity of the militia. In addition to this, I still don't see, even when there is a necessity for the militia, why the word "right" should be taken to necessarily imply the existence of a right, to begin with. If it is said: The season being winter, the snow should be removed, does that imply there would necessarily be snow in winter?
Having the necessity of the militia from the kind that itself leads to a right to keep and bear Arms answers the question mentioned at the beginning above.
No comments:
Post a Comment