Subject: Re: Another Win For President Trump
No, the only cause for an Amendment - or for anything, really, in an otherwise tersely written, constructed, and lucid document, is “ A well regulated Militia, being necessary to the security of a free State” …

Why do you suppose that is?


One paper I read looked at the acceptance of prefatory clause as just introductions without any legal force. It found that the movement to make it just an introduction with no legal effect started in England about 10 years before the Constitution and slowly moved around until finally hitting the US fully about 50 years after the Constitution. The paper quoted Judge Story (Amistad) writing about looking to prefatory clauses to illuminate further the meaning of the law. So it looks as if it was intended to have an effect but now has no effect.

Since the Constitution says the States are in charge of training the militia, it seems to say: Your State security is served by a trained and disciplined Militia, and we have no power to disarm your populace.

Also, infringe back then meant to break, or violate, not encroach as it means today.