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The 13 colonies were under British Common Law, which allowed trial by combat until Parliament banned it in 1819. The colonies broke away in the 1700's, so trial by combat was in effect here- and no US Court or Legislature at any level banned it here, not even in the Constitution. 9th Amendment says if Rights are not listed, it doesn't mean people don't have those Rights. And the Founding Fathers did have duels to settle disputes, they didn't even wait to go through the Courts to formally have trial by combat-- It was original intent on a way to settle disputes. If asking for trial by combat conflicts with other Rights then, I wave those other Rights. Could this go the way of the 27th Amendment? Can I demand trial by combat or appeal a conviction for being denied such an option?no one banned gay marriage outright either, which is why the gays use the equal protection clause in such a unique way to allow for gay marriage. Perhaps using due process and 9th Amendment rights to demand trial by combat should be viewed similarly since no one outright banned trial by combat.