Now that Scalia has died, are gun-lovers feeling...

[TeddyR]

145. Question

Where do you read in the Second Amendment that an individual "must be a part of the militia" to carry a weapon? The part of the Amendment dealing with the militia at most states the reason behind the Second Amendment. It doesn't mandate participation in a militia, but states that the right of "the people" -- i.e., all of us, you, me and everyone else -- to keep/bear arms "shall not be infringed." It doesn't say "those serving in a militia have the right to keep and bear arms," or "the people must be in the militia before having a right to keep and bear arms." You accuse 2d Amendment advocates of ignoring or reading out the "militia" language and then turn around and read in a requirement that doesn't appear in the text.

With respect to "the people," "the people" is "any and every individual." Don't you believe that "any and every individual" has the right to "peaceably assemble" (1st Amendment) or the right "to be secure . . . against unreasonable searches and seizures" (4th Amendment)? Both those amendments refer to "the people" and both unquestionably preserve individual rights.