A well regulated militia?

[TeddyR]

32. Why do you keep citing Miller?

Heller explained the obvious deficiencies in that decision, like the fact that only one party bothered to show up for the litigation. So you are citing a brief filed by the DOJ without any opposing argument. And why is there any need for anyone to even reference Miller -- that case has little (if any) import following Heller.

I may be misreading your post - are you actually arguing that "the people" in the Second Amendment doesn't really mean "the people" as used in the First and Fourth Amendments? Instead, "the people" means "the Militia"? That argument is frivolous. "The people" in the Second Amendment is the same "people" in the First and Fourth Amendments. If the right to keep and bear arms was limited to "the Militia" then the Second Amendment would read "the right of members of the Militia to keep and bear arms shall not be infringed." Do you really think that the individuals who drafted the Bill of Rights are using "the Militia" and "the people" interchangeably?

I like this quote from Story, which really says all you need to know about the Second Amendment: "The right of the citizens to keep and bear arms had justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpations and arbitrary power of rulers; and it will generally, even if those are successful in the first instance, enable the people to resist and triumph over them."