QUOTE(Reaper527 @ Jul 9 2008, 09:30 AM)
doesn't the 2nd say we have a right to bear arms, and to a militia? (paraphrased, but i thought the 2nd gave us both)
i am not totally sure. I believe that the first amendment gives us the right to a citizen militia, freedom of assembly.
they actually talk about on pages 22 - 28 or sohttp://www.scotusblo.../06/07-2901.pdf
essentially the concern was that we would have government sactioned militia's only.
"John Smilie, for example, worried not only that Congress’s “command of the militia” could be used to create a “select militia,” or to have “no militia at all,” but also, as a separate concern, that “[w]hen a select militia is formed; the people in general may be disarmed.”
so the concern with the second amendment was at the individual level. also they saw the right as a fundamental "ancient" right, and necessary for the formation of a militia. essentially, ideally every amreican adult would own a gun and the entire population would be a militia to defend ourselves against a tyranny of our own making.
actually i really encourage you to read there decision. It is really good.