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The Second Amendment is viewed by scholars as divided into two clauses, a prefatory clause, and an operative clause. The prefatory clause includes the text: A well regulated Militia, being necessary to the security of a free State, Followed by the operative clause: the right of the people to keep and bear Arms, shall not be infringed.
The second two models focus on the preamble, or "purpose" clause, of the Amendment – the words "A well regulated Militia, being necessary to the security of a free State." The second model, the collective model, holds that the right to bear arms belongs to the people collectively rather than to individuals, under the belief that the right's ...
The Second Amendment to the Constitution addressed militias directly. Its clause describing "a well regulated militia" became a point of legal contention in the context of gun control, presenting a dispute as to whether a militia was a prerequisite to gun ownership or if it applied to all citizens in addition to militias.
Here’s what Second Amendment actually says: “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.”
If Kentucky voters approve Amendment 2 on Election Day, how would it change the commonwealth’s constitution? And what does it mean for education and school choice?
The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of the English Crown to have a standing army or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate ...
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010. Credit - Mark Wilson—Getty Images
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. [103] The Second Amendment protects the individual right to keep and bear arms. The concept of such a right existed within English common law long before the enactment of the Bill of Rights. [108]