"The ultimate right to keep and bear arms belongs to “the people,” not the “states.” As the language of the Tenth Amendment shows, these two are of course not identical and when the Constitution means “states” it says so. Thus, ... “the people” at the core of the Second Amendment are the same “people” at the heart of the Preamble and the First Amendment, namely Citizens.... Nowadays, it is quite common to speak loosely of the National Guard as “the state militia,” but ... the “militia” is identical to “the people” in the core sense described above." | by: | |
Source: | In The Bill of Rights as a Constitution, 100 YALE LAW JOURNAL 1131, 1166 (1991). |
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