Thursday, July 21, 2022 | 2 a.m.
Article I, Section 8, Clause 12 of the Constitution limits funding of an army to two years in time of peace, which was overridden for contracts in 1904. Therefore, at the time the amendments were ratified, an extended peace meant the only defense against a land invasion would have been an armed militia, as described in the Second Amendment: “(a) well regulated Militia, being necessary to the security of a free State.”
Unjustified imagination is required to claim that these two phrases do not unite to satisfy the need for defense, which, consequently, restricts the main clause’ right to arms to a militia only.
That states have recognized that the Second Amendment applies to militias only and that all other arms rights belong to the states is shown by rights to arms for self-defense.
Nevadans and Virginians have this right, but not by the U.S. Constitution. A Nevadan’s right to arms for self-defense is found in the state constitution. Virginia determined that a law could be enacted giving citizens the right to arms for self-defense since this right was neither given nor prohibited by either the federal or its state constitution.
The Supreme Court gave more weight to the National Rifle Association than to state interpretations of the Second Amendment.
