I think this is taking being a constitutional ‘originalist’ and literal-ist a little too far.
During an interview with Fox News’ Chris Wallace on Fox News Sunday, Antonin Scalia discussed his literal interpretation of the 2nd amendment.
WALLACE: What about… a weapon that can fire a hundred shots in a minute?
SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried — it’s to keep and “bear,” so it doesn’t apply to cannons — but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.
According to Supreme Court Justice Scalia, hand-held rocket launchers that can “bring down airplanes” are probably okay because the constitution says “bear,” and — technically — you can bear a rocket launcher.
That’s serious mental gymnastics. Perhaps Scalia should be competing at the Olympics.
The real problem is that this will now be adopted as constitutional canon by every wingnut under the sun and he may have just invited a challenge to laws that prohibit ownership of things like rocket-launchers.