Does New York Have a State Militia as Defined by the Second Amendment?
This article deals with a "band of brothers" and "sisters," namely, prominent jurists, state and federal, as well as distinguished and prominent lawyers, who gather together at least one day each month.
December 16, 2020 at 08:36 AM
9 minute read
This article deals with a "band of brothers" and "sisters" too. Namely, prominent jurists, state and federal, as well as distinguished and prominent lawyers, who gather together at least one day each month.
This article does not seek to reargue the law established in District of Columbia v. Heller, 554 U.S. 570 (2008) or McDonald v. City of Chicago, 561 U.S. 742 (2010), et. al. However, to the uninitiated, according to Supreme Court Justice Antonin Scalia, writing for the court, "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." The part of the amendment that could be its own stand-alone sentence—the right of the people to keep and bear arms, shall not be infringed—is known as the "operative clause." The well-regulated militia part—the prefatory clause—is understood as defining the only reason for preserving the right to keep and bear arms. Anyone who is not a member of a well-regulated militia would have no such rights.
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