Argument: 2nd amendment cannot offer a right to form a militia
(Redirected from Argument: 2nd amendment cannot offer a right to form a militia when Congress can disarm it)
- Oral arguments in DC vs. Heller. March 19th, 2008 - "JUSTICE ALITO: Your argument is that its purpose was to prevent the disarming of the organized militia, isn't that correct?
- MR. DELLINGER: That is correct.
- JUSTICE ALITO: And if that was the purpose, then how could they -- how could the Framers of the Second Amendment have thought that it would achieve that person, because Congress has virtually plenary power over the militia under the militia clauses?"