The age and gender requirements come from the legislature, not the Constitution. Constitutionally, the militia is everyone. If militia membership is required for gun ownership under the 2nd Amendment, we have to use the Constitutional meaning of “militia” which is everyone.
Legislatively, the militia is defined in 10 USC § 246, the unorganized class of which is comprised of all able-bodied male citizens and those who intend to become citizens, aged 17 to 45.
Congress can change the legislative definition. They cannot alter the constitutional meaning.
The right of the people to keep and bear arms shall not be infringed. A well-regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
-James Madison, June 8, 1789, I Annals of Congress 434
“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, June 4, 1788, Address to the Virginia Ratifying Convention
"A well regulated militia, composed of the Yeomanry of the country, have ever been considered as the bulwark of a free people.”
Alexander Hamilton
Read also the Federalist papers, especially 29 and 46.
No.
The age and gender requirements come from the legislature, not the Constitution. Constitutionally, the militia is everyone. If militia membership is required for gun ownership under the 2nd Amendment, we have to use the Constitutional meaning of “militia” which is everyone.
Legislatively, the militia is defined in 10 USC § 246, the unorganized class of which is comprised of all able-bodied male citizens and those who intend to become citizens, aged 17 to 45.
Congress can change the legislative definition. They cannot alter the constitutional meaning.
Text doesn’t say that
Contemporary writings from a majority of the signatories do.
Very well. Please show me the quote
-James Madison, June 8, 1789, I Annals of Congress 434
Read also the Federalist papers, especially 29 and 46.