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This debate has raised often profound questions, but questions generally treated hastily, if at all, by the community of constitutional scholars. For example, if one accepts the collective rights view of the Amendment, serious questions arise concerning whether the federal government's integration of the National Guard into the Army and, later, the Air Force have not in all but name destroyed the very institutional independence of the militia that is at the heart of what the collective rights theorists see as the framers' intentions. Even the gun control debate is not completely resolved by an acceptance of the collective rights theory.If the Second Amendment was designed to ensure the existence of somewhat independent state militias immune from federal encroachment, then the question arises to what extent states are free to define militia membership.He contends, "Yeah, and I think [ideas about desirability and otherness are] influenced by our culture and media, and our history." As a Black woman, these kinds of conversations on desirability and otherness are a bit taxing and a quite hurtful. What's also very real is new trends in Black women dating Asian men--not because each feels undesirable to the world, but because each are desirable to one another."Blasian" romances can be found everywhere these days, whether perusing Facebook groups, or meeting with Black female and Asian male couples face to face, or liking photos of Blasian couples on Tumblr.We're never even given real reasons as to why some men aren't responding to Black women.Black women are being told we need to be open to IR dating, and at the same time we're being told no matter what we do, we're not going to get noticed anyway.
If, instead, the federal government has plenary power to define militia membership and chooses to confine such membership to the federally controlled National Guard, does the Second Amendment become a dead letter under the collective rights theory?
He writes, "I joined and saw thousands of Asian men and Black women engaging in a rich cultural exchange.
They were posting photos of themselves, discussing social justice, sharing viral videos.
Advocates of stricter gun controls have tended to stress the Amendment's Militia Clause, arguing that the purpose of the Amendment was to ensure that state militias would be maintained against potential federal encroachment.
This argument, embodying the collective rights theory, sees the framers' primary, indeed sole, concern as one with the concentration of military power in the hands of the federal government, and the corresponding need to ensure a decentralized military establishment largely under state control. Opponents of stricter gun controls have tended to stress the Amendment's second clause, arguing that the framers intended a militia of the whole--or at least the entire able-bodied white male--population, expected to perform its duties with privately owned weapons. Advocates of this view also frequently urge that the Militia Clause should be read as an amplifying, rather than a qualifying, clause.