That was then, this is now.
Scalia, in the Heller decision, held that unconstitutional prohibitions become constitutional by being long standing.
That's the rule of law.
The feds aren't going to start following the constitution as we see it. They follow it as THEY see it, and there is no obligation to be sensible about it.
With all due respect to late Justice Scalia, please consider the following.
If I understand him correctly, if it weren't for his 2A tunnel vision imo, same problem that many pro-2A patriots have imo, it would have made more sense for him to argue no express constitutional power to justify peacetime restrictive federal arms laws instead of volunteering "long standing" argument which effectively nullifies Constitution’s Article V imo.
In fact, consider legislation introduced by former Arizona federal Rep. John Shadegg which corrupt Congress wrongly threw in circular file.
Enumerated Powers Act (Wiki)
Enumerated Powers Act (govtrack)
Enumerated Powers Act would have required Congress to justify all legislation with constitutionally enumerated powers.
Again, the problem is that patriots have likewise forgotten the significance of the necessity of constitutionally enumerated federal government powers. And us FReepers are working on that problem.