SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons
residing in the State except those exempted by law.
(Source: Illinois Constitution.)
One of the concerns, Mr. Dellinger, of the framers, was not to establish a practice of amending the Constitution and its important provisions, and it seems to me that there is an interpretation of the Second Amendment differing from that of the district court and in Miller and not advanced particularly in the red brief, but that conforms the two clauses and in effect delinks them. The first clause I submit can be read consistently with the purpose I've indicated of simply reaffirming the existence and the importance of the militia clause. Those were very important clauses. As you've indicated, they're in Article I and Article II. And so in effect the amendment says we reaffirm the right to have a militia, we've established it, but in addition, there is a right to bear arms.
But the Second -- the Second Amendment doesn't repeal that [the militia clause in Article I section 8]. You don't take the position that Congress no longer has the power to organize, arm, and discipline the militia, do you?
So it was supplementing it. And my question is, the question before us, is how and to what extent did it supplement it. And in my view it supplemented it by saying there's a general right to bear arms quite without reference to the militia either way.
[Comment From Joe Morello]
I think it's a very fair question to ask whether the first part of the clause has any effect at all. Assume that the First Amendment began with the clause, "a well-edited newspaper..." There would be no argument as to whether the freedom of speech could be abridged for other media.
10% of our population is in jail.
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