I will
here argue that the Second Amendment constitutionalizes three rights. One is a right to participate in the
military, in Latin jus militiae, from its origin in Roman law.
The second is a right to possess weapons for the purpose of the participation guaranteed by the first right. The third is a broader right to possess weapons unrelated to matters military. I do not argue this interpretation because
I think it conduces to good public policy. What it does is make good
sense both of the operative language of the amendment and
its militia clause.
