celticlord2112
Posts: 5732
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quote:
surely that qualifies as a modifier. No, it doesn't. The most generous interpretation is that of a parallel construction to combine two sentences into one. Sentence one--A well regulated militia, being necessary to the security of a free State, shall not be infringed. Sentence two--The right of the people to keep and bear arms shall not be infringed. Two subjects each independently using the verb "shall not". Under this construction, you have an unmodified sentence "the right of the people to keep and bear arms shall not be infringed." "being" appears as a nonstandard (and somewhat superfluous) conjunction binding "necessary to the security of a free State" to "a well regulated militia." This reading is very much in keeping with the aversion of the Founding Fathers to overbearing central government. "State" appears several times in both the Constitution and the Bill of Rights, and in all cases references the individual states, each as a distinct body politic. Thus, the Amendment would be seen to guarantee two rights, one of each state to regulate its own militias, one of the people to keep and bear arms. Both rights, in this reading, would receive categorical and unequivocal protection against the predations of the federal government. However, the simplest explanation is simply grammatical error--two commas are superfluous, and should simply be deleted, leaving "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." As a parenthetical, the phrase "A well regulated militia being necessary to the security of a free State" becomes then slightly more ambiguous, because "State" arguably could reference the federal government as well as the individual states, thus rendering murky whom had final disposition over militias and the regulation thereof. Yet even in that reading, we are still left with a categorical statement "the right of the people to keep and bear arms shall not be infringed." Even if we attempt to attach "being necessary to the security of a free State" to "the right of the people to keep and bear Arms", we still come back to the complete and categorical proscription "shall not be infringed." What is not murky is any Constitutional reference to "the people". In all cases, "the people" stand apart from government, be it state or federal, and the rights of the people are respected ahead of the rights of either the individual states or of the national State--that being the government. "The people", in all cases, is you, and me, and every other inhabitant of this country. We can (and perhaps should) debate at length what constitutes a well-regulated militia, but within the confines of the English language and the 2nd Amendment, that discussion does not alter the statement of the 2nd Amendment that "the right of the people to keep and bear Arms shall not be infringed." At the end, "shall not be infringed" is a complete and categorical prohibition of any manner or mode of restriction. Whether it applies to states and their militias or no, it undeniably applies to the right of the people to keep and bear arms.
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