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US Constitution study guide: Difference between revisions
→Amendment 2 [right to bear arms]
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** this type of sentence construction is found frequently across the Constitution itself and other documents from the period of it and the BOR's writing | ** this type of sentence construction is found frequently across the Constitution itself and other documents from the period of it and the BOR's writing | ||
* nevertheless, the prefatory clause has been interpreted as a limit upon the individual right, yielding two general interpretations: | * nevertheless, the prefatory clause has been interpreted as a limit upon the individual right, yielding two general interpretations: | ||
*# the "prefatory" interpretation = gun control or "states militia" advocates who see the 2nd Amendments as granting states the power to maintain militias and not as an individual right | |||
*# the "operative" interpretation = the right to bear arms is an individual right or protection (and thus the prefatory clause protects the right of states to maintain militias) | |||
* in "District of Columbia v. Heller" (2008), the Supreme Court clarified the right as an individual right, overturning prior decisions that more largely held to the "prefatory" or state militia argument}}''' | * in "District of Columbia v. Heller" (2008), the Supreme Court clarified the right as an individual right, overturning prior decisions that more largely held to the "prefatory" or state militia argument}}]''' | ||
A well regulated '''{{#tip-text:Militia|Militia | A well regulated '''{{#tip-text:Militia|Militia | ||