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Do we have a right to free association? A right to body integrity? A right to death?That should be considered by what the population wants every period (as in a democracy).
Not based on what some 300-year old guys wanted, and apocryphal court decisions, trying to decipher whether the 300-old guys idea about guns and milletias is compatible with modern-day RPGs and automatic riffles shouting up schoos, or whether privacy (which was then a default, due to the lack of dozens of later developed ways to disrupt it, and more importantly the inability to do so in a mass state surveillance scale) is a right.