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Argument: Both clauses of the second amendment refer to the militia

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Supporting Evidence

  • Mark Tushnet, J.D., “Interpreting the Right to Bear Arms — Gun Regulation and Constitutional Law”, The New England Journal of Medicine, Volume 358:1424-1426 April 3, 2008 "Gun-control advocates point out that when the term "militia" is used elsewhere in the Constitution, it always refers to the state-organized militia (roughly, though imperfectly, analogous to today's state-organized National Guard). So, they argue, the Second Amendment's preamble also refers to the state-organized militia. To them, the Amendment is part of a package of constitutional provisions expressing the framers' suspicion of a permanent national army. It guarantees that Congress cannot disarm the state-organized militia. They also point out that in the late 18th century, individuals might have been considered to have a right to "keep" arms, but the phrase "keep and bear arms" was used only in reference to military operations."

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