Prefatory Clauses Of The Second Amendment

The second amendment is made up of two clauses, the prefatory clause and the Operative Clause. The Prefatory clause states, “A well-regulated Militia, being necessary to the security of a free State...?” The Operative Clause states, “...the right of the people to keep and bear Arms, shall not be infringed.” There is often many discord between whether the second amendment is talking about two separate groups, the militia or the people. The prefatory clause in my opinion announces the purpose for which the right was created, but doesn't suggest the main reason that the right to bear arms is valued. According to Justice Stevens, the prefatory clause stated that the purpose was to protect the state’s interest in maintaining an armed militia to

“A well-regulated militia” is stated in the prefatory clause. In United States v Miller, it was explained that “the Militia comprised of all males physically capable of acting in concert for a common defense.” “The right of the people to keep and bear arms” is a part of the operative clause. This statement recognizes that the second amendment is exercised individually and belongs to all Americans. The second half of that statement, “keep and bear arms” addresses what right the people have. It referred to weapons that were not specifically designed for military use and were not employed in a military capacity. The connection between the two shows the original reason for the creation of the second amendment, and then what that right is. “A well-regulated militia” demonstrates the original reason for the creation of the second amendment which was to protect the states from potential infringement of the federal government. “The right of the people to keep and bear arms” therefore demonstrates that the right of the people that cannot be infringed on by the federal government is the ability of the citizens to have and use