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Originally Posted by 5whiskey
So taking the ruling in Miller at face value, as Former Justice Stevens does, the courts decided that the 2nd A does not grant rights not tied to a "well regulated militia." Well, I've often thought about "what is the militia." It is obvious that the "Militia" was never intended to be the formalized force that exists today as the National Guard, complete with pay and Tricare. No, surely the "Militia" is more than that, right? Well, I found the federal definition of "Militia"
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Justice Scalia dissected and refuted the
Miller decision fairly extensively in his
Heller decision ... particularly the "related to military service" nexus.
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During the drafting process, I had frequent conversations with Kennedy, as well as occasional discussions with Thomas, about historical issues, because I thought each of them had an open mind about the case. In those discussions—particularly those with Kennedy—I now realize that I failed to emphasize sufficiently the human aspects of the issue as providing unanswerable support for the stare decisis argument for affirmance.
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Translation: "I thought both Kennedy and Thomas were malleable enough that I could impose my non-constitutional view on them. Unfortunately, I forgot that they might honor their oaths to uphold that pesky Constitution."
Stevens is retired. He should remember that, as of the day he retired, his opinion isn't any more valid than mine.