this post was submitted on 14 Jul 2024
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10USC246 is substantially less than 100%, yes.
But, "male" can be dropped from that definition tomorrow. Which means that although females didn't meet the legislative definition, they did meet the constitutional definition yesterday. They had to, or Congress couldn't add them to its narrower definition.
Non sequitur.
That argument devolves into absurdity. You can make the same argument for each and every word in the constitution. By prohibiting any sort of context by which to derive the meaning of language, not a single word in the constitution has any meaning whatsoever.
It is only through contemporary context that the meaning of a word can be derived, and there is no body of work closer than the Federalist papers by which to gain such context.
You shouldn't have conceded the rest of that and focused on "properly", because I can accept that condition. I fully agree, "properly" is the functional term.
Article I Section 8 clause 18 empowers Congress "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers"
Congress determines the "proper" way to arm and equip the militia, and this is the method they have chosen.