• Buelldozer@lemmy.today
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    1 year ago

    Then there’s saying that the second amendment applies to people rather than militias.

    In order to protect a Collective Right the 2A had to protect an Individual Right. It literally couldn’t function any other way. In the context of the 1A it would be as if there was a Right To Assembly (Collective Right) but no right to Free Speech (Individual Right). That interpretation isn’t new either, it’s present in nearly every SCOTUS case that involved the 2nd Amendment.

    I agree that SCOTUS has problems but their take on the 2A is well supported by previous decisions and historical documents.