The issue I, and many others, have is, when that amendment was written 250 years ago, ‘Arms’ were so drastically different, similar to ‘Arms’ of today in only the most rudimentary forms.
A muzzle loading rifle and a modern pistol are just barely the same thing…
Our Founders intended ordinary citizens to keep and bear arms [a contemporary fire arm used by foot soldiers] so they would be ready and able to defend themselves against a despotic government if necessary. The AR-15-semi is a civilian version of the United States military’s M16 and ought to be kept by ordinary citizens to defend against a tyrannical government if necessary. Forewarned is forearmed.
JWK
In every communist dictatorial oppressive country, like Cuba, China, and Venezuela, the people are disarmed.
The idea that the Constitution is an infallible all-encompassing document is hilarious. The same as when people claim religious texts are. It’s a “perfect” document which has needed 27 amendments, had a civil war fought over it, and allowed slavery.
The argument that because the Constitution doesn’t specifically say “abortion,” it can’t be considered a right is silly. Maybe someone can list all the medical procedures expressly listed by the Constitution so we know which are protected? Since there aren’t any, does that mean every medical procedure can be banned at the whims of lawmakers? There’s nothing in the Constitution about cancer treatment, or emergency appendectomies or dialysis. If a state wanted to ban those for whatever reason, would that be OK? Could a state run by Jehovah’s Witnesses ban all blood transfusions since it violates their religious beliefs? If Christian Scientists ran a state, could they ban all medical procedures? Nothing in the Constitution says they can’t since no medical procedures are specifically listed. No different than banning abortion for religious beliefs.
As has already been discussed, abortion happened during the time of the Founding Fathers. It’s been a part of human history as long as there have been humans. Puritans allowed it until quickening which is between 15-20 weeks and it was allowed under British Common Law. The belief that abortion is not “deeply rooted in this Nation’s history and tradition” is a joke. It wasn’t an issue until Victorian “sensibilities” stepped in and physicians looking to regulate the competition out of jobs made it one. It would have made things easy if the infallible Founding Fathers would have defined personhood in their sacred text. Oops.
So, the argument is there is no right to an abortion since it was not expressly stated in the Constitution. The “not rooted in tradition and history” stance is completely false, but that’s easy to show. However, no medical procedures are expressly listed in the Constitution, abortion was legal when the Constitution was written and was part of Common Law at the time. If you’re going justify not having a right to a medical procedure by its omission from the Constitution, then you don’t have the right to any medical procedure since none are listed.
On the other hand, you have people wanting the definition of “arms” in Colonial America to encompass all firearms which have been developed over the last almost 250 years. Was an AR-15 legal in the late 1700’s? It wasn’t around then, so it’s a dumb question. Did the Founding Fathers know what an AR-15 was or would be capable of? Equally dumb to think they did. I know people love to think they had unquestionable foresight when it works with their agenda.
So, on one hand you have people saying a medical procedure isn’t protected because it wasn’t expressly stated in the Constitution. Even though that medical procedure was known, performed and legal at the time it was written. On the other hand you have people saying all firearms are legal even though they weren’t expressly stated in the Constitution and were not around for hundreds of years after it was written.
In the end these findings are people making up things they want and using the Constitution as an excuse.