[mothballed]

SCOTUS has not had anything remotely close to a plain text reading since the 1930s and probably longer. "Shall not be infringed" was changed to "if an infantry rifle was made after 1986 then magically it can be infringed" and (until about a week ago when it was overturned) "if you smoke a left-handed cigarette actually the second amendment doesn't exist." The 1st amendment protects freedom of speech but yet it's legal to ban appeals to "prurient interest" even though no such exemption is mentioned. "Interstate commerce" has been changed to mean basically "commerce" and interstate is now interpreted as if it was put there for funsies since everything can be construed as affecting something else in the universe even though the historical context makes clear that's not how the text was interpreted by the writers.

Every other amendment including the 1st, 2nd, etc even when explicitly spelled out the courts magically pull something out of their ass to "torture it." Yet the 14th amendment birthright citizenship, who's "history and tradition" was to right the wrongs of slavery, somehow has to be read absolutely in black and white.

Personally I am amenable to the plain text interpretation of the 14th, 1st, and 2nd, but lets not pretend that is the game SCOTUS or even most of government and society is playing. The constitution is referenced more as a religious document by all the above to mean whatever it is they say it means.

[archagon]

An aside, but it’s a bit funny to focus on the plain-text reading of “shall not be infringed” and not “a well-regulated militia.”

[mothballed]

Give me a plain-text explanation as to why a well-regulated militia can be infringed from having a 1987 select fire infantry rifle but not a 1985 one, both of which are probably the most bread and butter arms you could possibly consider as part of a well-regulated militia. (This despite the plain-text ascribes the right to "people" not the militia, and in any case US code defines virtually every able bodied citizen male as part of the militia). The NFA determinations by SCOTUS don't make sense even if the amendment said it was the militia's right rather than the people's.

[FireBeyond]

So biological weapons are back on the cards then? As armaments doesn't mean "firearms" but "weapons of war".

[archagon]

Sure, one could make the argument that "shall not be infringed" is pretty cut-and-dry. I'm just not sure how one could make that argument while at the same time yadda-yaddaing the militia part, which is often what actually happens.

Anyway, I'm not sure I have a disagreement with your original point. It just seemed a bit funny to use the second amendment as an example of a thing that (supposedly) has unambiguous meaning, but gets interpreted politically by the courts. I'd argue that the ambiguity of that amendment is one of the most notorious things about it!

[mothballed]

Congress defines most every able body male as part of the unorganized militia and there is no public armory for them to store their arms (this only available to organized militia) at or use leaving only a private armory (consistent with historical at time of founding where private persons stored their militia weapon at home), so I'm not sure it makes much difference in practice whether the right ascribed to the people be connected to being a militia servicemember or not for the purposes of the example of owning a select fire infantry weapon.

Probably the main effect is to grant women and the more elderly the right to bear arms as well.

===== re: below due to throttling =======

>Congress defines… historical precedent… but we were talking about a plain-text reading of the Constitution.

That makes it easy then.

The plain text ascribes the right to the people not the militia so it's moot whether they're in the militia or not in such case to have the right to keep and bear arms.

[archagon]

Congress defines… historical precedent… but we were talking about a plain-text reading of the Constitution.

[mothballed]

We weren't, if we were this conversation couldn't get here. If we were you couldn't play the militia fuck fuck game, since the right to keep and bear arms is ascribed to the people and not the militia.

The answer is easy in the plain-text case, whether you are associated with the militia is moot, as the plain text unambiguously says the right of the people to keep and bear arms.

It's only in the non plaintext case can you start handwaving that right is restricted to militia yada yada.