It's hypocracy at it's finest, but Stevens is right. Though this ruling was a good ruling and one that I agree with, this ruling will help mature the developing tradition of rightist judicial activism. This would not be the only time in American history where rightist judges dictated our national policy.
You would basically have to say that there was a 300 year tradition of "rightest judges," and rightest constitutional assemblies, and legislatures.
Stevens, in trying to equate 18th Century regulations, especially the Philadelphia Ordinance, drew a false analogy. It dealt with the use of a firearm verses the
possession of a firearm.
It's a bit like saying that since you can be prohibited from driving a motorcycle through the Senate Chamber, you don't have a right to own a motorcycle.
I thought Stevens did a
very poor job on trying to use the history of gun laws to justify his position.
