Reply #39: The right secured by the 2nd can't . . . [View All]

The right secured by the 2nd can't be a right of the states . . . If the action of the amendment was to protect the militia powers of the state against federal interference the legal record should be replete with cases of states claiming the 2nd's protections. Where are they?

Since 1820 there have been two separate and divergent lines of judicial history, one for militia law and one for the RKBA/2nd Amendment. If the "state's right" theorists were correct, the militia cases (where actual federal/state militia power disputes were settled) SHOULD BE THE "2ND AMENDMENT CASES", not cases where the interests of individual citizens were heard.

The 2nd Amendment has never been inspected to inform on any aspect of militia powers (federal or state) and has never been held to create any structure of organization, training or function nor demand that any such structures be established.

The declaratory clause is without legal weight and all of the theories that place weight on the declaratory clause are pointing to a mirage.