collective rights models argued that the Second Amendment was written to prevent the federal government from disarming state militias, rather than to secure an individual right to possess firearms. Prior to 2001, every circuit court decision that interpreted the Second Amendment endorsed the "collective right" model. However, beginning with the Fifth Circuit's opinion United States v. Emerson in 2001, some circuit courts recognized that the Second Amendment protects an individual right to bear arms. The second, known as the "sophisticated collective right model", held that the Second Amendment recognizes some limited individual right. However, this individual right could be exercised only by actively participating members of a functioning, organized state militia. Some scholars have argued that the "sophisticated collective rights model" is, in fact, the functional equivalent of the "collective rights model". Other commentators have observed that prior to Emerson, five circuit courts specifically endorsed the "sophisticated collective right model". The third, known as the "standard model", held that the Second Amendment recognized the personal right of individuals to keep and bear arms. Supporters of this model argued that "although the first clause may describe a general purpose for the amendment, the second clause is controlling and therefore the amendment confers an individual right 'of the people' to keep and bear arms". Additionally, scholars who favored this model argued the "absence of founding-era militias mentioned in the Amendment's preamble does not render it a 'dead letter' because the preamble is a 'philosophical declaration' safeguarding militias and is but one of multiple 'civic purposes' for which the Amendment was enacted". Under both of the collective right models, the opening phrase was considered essential as a pre-condition for the main clause. These interpretations held that this was a grammar structure that was common during that era and that this grammar dictated that the Second Amendment protected a collective right to firearms to the extent necessary for militia duty. However, under the standard model, the opening phrase was believed to be prefatory or amplifying to the operative clause. The opening phrase was meant as a non-exclusive exampleone of many reasons for the amendment. This interpretation is consistent with the position that the Second Amendment protects a modified individual right. The question of a collective right versus an individual right was progressively resolved in favor of the individual rights model, beginning with the Fifth Circuit ruling in United States v. Emerson (2001), along with