posted on Feb, 25 2014 @ 09:20 AM
He can propose whatever he wants, I suppose. It would require a constitutional amendment, which is highly
unlikely given that 75% of the
state legislatures would need to approve it. There's no way 38 of the 50 state legislatures are going to support it. You might have a hard time
getting the other 12 out of 50 to support it, honestly.
It would largely be a pointless addition, anyway. Legally, all draft-age males are considered 'unorganized militia', and in an instance such as
this, where it could be construed as granting a right, the equal protection clause of the 14th amendment likely means that it would have to apply to
everyone. And, of course, in the 2008 DC v. Heller case, the Supreme Court ruled that the right of the people in the 2nd Amendment is the same
right of the people elsewhere in the Constitution and other amendments. Its an individual right, therefore unconnected to militia service.
But more importantly, it actually doesn't even matter! The 2nd Amendment only protects a right; it doesn't grant or create it. If you make this
change, it only protects the right to own a firearm for 'militia' members. Even if you were not a militia member (or even if you repealed the 2nd
Amendment totally), you would still have the right to own a firearm that you do right now, until such time as additional laws were passed that
restricted that right.
edit on 25-2-2014 by vor78 because: (no reason given)