SCOTUS to hear Second Amendment case (District of Columbia v. Heller) (user search)
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  SCOTUS to hear Second Amendment case (District of Columbia v. Heller) (search mode)
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Author Topic: SCOTUS to hear Second Amendment case (District of Columbia v. Heller)  (Read 5386 times)
Kaine for Senate '18
benconstine
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Posts: 30,329
United States


« on: November 21, 2007, 08:58:50 PM »

James Madison really screwed up with the wording of the 2nd Amendment. It seems to be a sentence with two unrelated independent clauses.

Depends on whether you read the version passed by Congress:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Or the version sent to the States for ratification:
A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

Without the extra comma, the text is clearer.  In any case, don't blame Madison alone.  His original version read:
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.


I'd say that third version is the clearest, it also settles the debate, since it says explicitly the right to bear arms shall not be infringed.
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