Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

The founders included that clause for a reason.


The Supreme Court opinion in DC v. Heller explains why that clause was included:

>The Second Amendment is naturally divided into two parts: its prefatory clause and its operative clause. The former does not limit the latter grammatically, but rather announces a purpose. The Amendment could be rephrased, “Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

https://supreme.justia.com/cases/federal/us/554/570/#tab-opi...


And to think that Scalia considered himself an originalist! I guess that only applied when it was convenient to him :/


This is originalism as clearly supported by the numerous references to contemporary language, other writings of the authors, and comparison to other language in the Constitution. Have you read the opinion?




Consider applying for YC's Fall 2026 batch! Applications are open till July 27.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: