Uneven Stevens | Hoover Institution

Uneven Stevens | Hoover Institution: "Justice Scalia’s contorted logic excised the initial clause before the words “free State” and then read the sentence fragment that remained as subject to an implied limitation that the state could regulate guns to the extent necessary to preserve health and safety. I know of no sound originalist principle that allows a justice to cut out some words from the Constitution in order to add in others that are not there in their place. In this case, it is quite dangerous because the reference to the “militia” linked this clause up to the Militia Clause of Article I, which calls for the joint federal/state control of the militia. The Second Amendment was written so that federal regulation (beyond that allowed for in Article I) could not disrupt the remainder of the constitutional scheme."

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