. . . muttered the ogre

How about that loon Ashcroft, eh, going against a grand old tradition of squeezing the Constitution for every drop of authority it could be construed to grant to Washington. The nerve!

You’ll probably hear it repeated, if you haven’t already, that the Supreme Court in US v Miller (1939) upheld a conviction for illegal possession of a short shotgun, on the grounds that Jack Miller was not enrolled in an organized militia. That’s the conventional story, and it is inaccurate. (For one thing, Miller was never convicted; the government appealed a dismissal.) Continue reading →