Because the courts have become agents of change, instead of simply interpreting the intent of the Founding Fathers.
I’ll agree that the language used in the 2nd Amendment is confusing to lay people [we don’t really have “militias” in 2018] but that term is easily defined by reference to other, period writings. If “scholars” disagree about the 2nd Amendment, that signals they are biased.
The courts have become much too political and SADLY flip-flop on major precedents. This does not lend to stability in our country. BOTH parties believe they can stack the Supreme Court and get rulings that are favorable to their vision of our country.
Note that our Constitution does not speak about political parties, but Federalist #10 does…strongly!
It is clear that at least the writers of the Federalist Papers, Madison, Jay, and Hamilton, believed that to allow our government to divide into factions, would lead to what we have today, which is gridlock. We need to get rid of “the aisle”. Senators should be seated randomly. During Senate hearings, there should not be two “sides” with Republicans and Democrats seated on opposite ends of a big, circular table.
Although I tend to be a “constitutionalist”, I’ll allow that the writers did not speak with one voice. They had differences of opinion, but they were issue-based, not faction-based. The omission of any advice about political parties in the Constitution, has left us with a mess!
This omission has given factions the ability to write their own rules for Congress. They change them on a whim. And they are not available for lay Americans to read.
I am sure that our country would be in a better state is the writers of the Constitution had included some guidance about:
How many Political Parties are allowed
How the Congress is to operate, in some detail
The original intent for the Electoral College was modified in 1804 with the passage of the 12th amendment; it codified a 2-party system.
An interesting tid-bit: It has been 16 years since the 27th Amendment was ratified. It was the 2nd Amendment proposed and written in 1789 but only 6 states voted in favor.
As the country expanded and the Congress grew increasingly corrupt, more states voted in favor of this Amendment, until in 1992, it received enough votes to be included.
It’s unlikely that any meaningful changes to our Constitution can happen in our mad, divided citizenry. They are not educated about our political history. They have no clue how to reverse the current stalemate.