"I encourage you to read Eugene Volokh's thoughts on the subject, to which I provided the link above."
Did he write the amendment? Otherwise, his thoughts, while highly respected I'm sure, aren't the law.
"As to your question regarding why the language isn't different, you'll have to ask the drafters of the Amendment (if any are still alive)."
Nice.
Did he write the amendment? Otherwise, his thoughts, while highly respected I'm sure, aren't the law.
Of course they are not the law, but he is a Constitutional scholar, and if you had read his comments, one you would find agrees with your take on the issue. He does, however, acknowledge that reasonable minds can disagree, and he includes commentary from other scholars who take the opposite viewpoint.
As far as who can make the determination as to what the law is? The Federal Courts, with the Supremes as last word.
"As to your question regarding why the language isn't different, you'll have to ask the drafters of the Amendment (if any are still alive)."
Nice.
Thanks.