I agree with the argument in the OP. The 2nd amendment gives congress no legislative power. Which is what the OP said.
the second amendment is purely a negative restriction on a government that was never given the power in question in the first place. Any argument that claims the term "well regulated" somehow endows the federal government with any power not enumerated in Article One Section Eight, is completely without merit
Of course it doesn't! Why make an amendment when there is a whole Article (Article 1, no less) that gives it the power to legislate! NOW can we stay on topic? The answer is obviously NO! Because staying on topic would undermine the pro-gun arguments the right has been trying so hard to feed you.
"Weather permitting, the picnic will be held at the park." The truth of the second clause depends on the first clause being true. So if a well-regulated militia is no longer necessary to the security of a free state does that mean the RKBA can be infringed?
Well thats one way of looking at it. I don't think its the accurate way, but even so... Who says a well-regulated militia is no longer necessary? The militia is The People (according to US Code). Whether or not The People are well enough regulated is up to the regulators, who ostensibly are also The People in a democracy. What additional regulations would you apply to all able bodied adult citizens (aka 'the militia'), that doesn't infringe our right to bear arms?
No because the federal government was never given the power to do so, and in the second it was again prohibited.
The Supreme Court has made it clear that the "militia" wording has no impact on the right for citizens to bear arms.
They know that but reject the Heller decision. The funny thing is-they fully embrace the idiocy of the FDR court created expansion of the commerce clause to justify a power the founders never intended the federal government to have
Do you just blindly believe whatever the US Supreme Court rules? If you had been alive in the 1857 would you have refused to question the Dred Scott decision?
I wasn't around in 1857. I don't live in a world of "what ifs", "might've bens" and "could be's. I live in the real world of 2024. And in that REAL world, the Heller decision said that the "militia" wording in the 2d Amendment in no way limits a citizen's right to bear arms, a decision which makes good sense and has absolutely nothing to do with the evils of slavery.
The authorities used to claim that the Sun revolved around the Earth. Thank goodness there were people who were willing to challenge that view and think for themselves and not just parrot what the authorities said (like some people here like to parrot Heller).
When you get as educated as a Supreme Court Justice, you become familiar with many linguistic nuances that escape most people.
Heller is now ESTABLISHED LAW. Its all about LAW and the Constitution. Not science like the movement of the planets is. Apples and space shuttles.
the thing that really harpoons the anti gun statist interpretation is this 1) the federal government was only given the power to regulate firearms when a corrupt supreme court, lapdogs of FDR, pretended that the commerce Clause allowed congress to just about anything. Until that crap was voided upon our jurisprudential fabric in the late 1930s, no one even thought there was a federal gun control power. 2) but now those who are enamored with the crap the FDR court spewed, are upset that the USSC in Heller, McDonald and Bruen sort of reimposed the ban that we all knew was intended. If gun banners don't like Bruen and Heller, they should also reject the commerce clause bullshit from the 30s and then we are back where we were before the FDR court ignored the original intent
Your side wanted judicial activism but it turned out to be a double-edge sword for them. Heller signalled to the lower courts that they wanted to avoid a domino effect of one federal gun law being invalidated after another. They also upheld federal gun registration. Dick Heller was allowed to register his gun in D.C. so that he could legally qualify to own it. 15+ years later and all major federal gun laws are still intact.
