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ulkesh ,
@ulkesh@beehaw.org avatar

What you describe is an interpretation that the courts have laid out, nothing more. And the point I make is that the courts are many times wrong. And in this case, it is wrong. One aspect is that women were not called to (sorry) FROM militia. Yet women are afforded this right today, yes? So a single woman prior to the courts’ various opinions over the centuries would not have such a right, since they would not be a part of the militia – thus, the founders did not intend on it being every person. In fact, women were not even considered full citizens then since they did not possess the right to vote. Then there’s the subject of slaves which I have no interest in diving into since that’s an even bigger can of worms.

The point is that interpretations is what has won, not original intent. You can hand-wave this as a misconception all you want, but there is logic in it. And that logic is that the Constitution was designed to change over time solely because the founders could not envision the future state of existence, only lay the groundwork for such. Therefore as the second amendment is written, women at minimum should not have this right because, even today, they cannot be drafted – by your own statements: “the militia: Selective Service. The Draft.”

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