[xzins]

Only recently. Prior to recent rulings the courts had said the 2nd amendment freedom applied to militias and they went so far as to identify the national guard.

So, it has gone back and forth. What would the ruling have been from the courts if there had been one more liberal appointee on the Supreme Court during DC vs Heller?

Among other citations: In 1948, Supreme Court Justice Felix Frankfurter conceded: "Congress need not give this Court any appellate power; it may withdraw appellate jurisdiction once conferred."[24]

And in Art 3, Section 2: In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

So, someone had to be made the top dog, and the Founders made Congress the final authority. And it makes sense. What legislation can do, legislation can pretty quickly undo. What courts do, given life tenure, can take generations to undo.

[semimojo]

So, someone had to be made the top dog, and the Founders made Congress the final authority. And it makes sense. What legislation can do, legislation can pretty quickly undo.

So why have a constitution if all we're really talking about is a voting majority in both houses?