It seems to me that anyone not actually illiterate understands that the Constitutional Amendment concerns the States' right to have an armed militia. What the nutters suppose it has to do with arming every ape in every tree escapes most people.
Your position / belief is profoundly incorrect on multiple planes, philosophical, historical and legal. There is no
militia right for anyone (state or citizen) to claim under the Constitution and specifically the 2nd Amendment. IOW, there is no "right" for anyone to call up, organize, train or deploy citizens as militia. Any action of calling up, organizing, training or deploying citizens as militia can only be done in accordance with the POWERS granted to the federal and state governments in Art I Sec 8, cl 16 of the Constitution (see;
Houston v. Moore, 18 U.S. (5 Wheat.) (1820),
Martin v. Mott, 25 U.S. (12 Wheat.) (1827),
Selective Draft Law Cases, 245 U.S. 366 (1917) and
Perpich v. Dep't of Defense, 496 U.S. (1990)).
The 2nd Amendment has never been inspected for, or held to inform on any aspect of militia powers.
As for me, (assuming I fall under your "nutter" assignment), I don't claim any rights as originating from, granted by, given by or established by, the 2nd Amendment. I consider the right to arms to be an original retained right . . . and thus I believe the right is in no manner dependent upon the words of the 2nd Amendment.
