I guess you didn't bother to read what I wrote. The first amendment specifically says "Congress shall make no law ..." For some curious reason the second amendment does not say "Congress shall not infringe upon the right of the People to keep and bare arms. Does anyone with half a brain think the Framers just forgot to include these words in the second amendment because they had forgotten the construction they used in the first? When it says, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb," there was only one Federal offense and that was treason. To suggest that all of this was only to apply to treason is ridiculous. The militias were all organizations by State, but you (and Marshall) say this has nothing to do with the States. The Constitution was supposed to be the "Supreme Law of the Land," so when a part of it says you cannot be tried for the same thing twice, well duh, I think the Framers meant by Government, whatever Government, in this land.
ML/NJ
I read it, but I am not familiar with the argument. I must have been sleeping that day in con law. Next time I will be more circumspect about engaging someone in a conversation. That you were calling a Supreme Court Justice an idiot should have been ample warning for me to remain lurking and thus stay free of your self absorbed condescention.
The militias were all organizations by State, but you (and Marshall) say this has nothing to do with the States.
Funny, I thought I asked a question and did not make a statement of fact.
Regardless, thanks for you illuminated discussion. I understand the issue better now.