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this post was submitted on 05 Aug 2023
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That's a lot of words to try to claim that by stating "well-regulated militia" what they actually meant was every able-bodied man. If that were the case, it is much more straight forward to specify that.they had no issue making specific claims in other amendments. Doesn't seem like those are comparable when you actually look at it beyond right wing talking points and perspectives written and lobbied by the firearms industry to sell as many products as possible.
No. Constitutionally, "militia" is not limited to either "able bodies" or "men". Those distinctions arise from a provision Congress has made regarding the militia: 10 USC 246. They are not present in the Constitution itself, nor in contemporaneous writings and discussions.
Indeed.
I would draw your attention to the other two forces discussed in Article I Section 8. Specifically, Part 12, which discusses Congress's power to "raise" armies, and part 13, which discusses Congress's power to "provide" a Navy. Both armies and the Navy are created by the government.
Contrast the language in parts 12 (armies) and 13 (Navy) with the language in part 15 (militia). The power of Congress is not to will the militia into existence, but to "call forth" the militia. That militia is never explicitly created by the government as armies and Navy are created. The militia is simply presumed to exist, and presumed capable of answering such a call.