OK I will give you that,, take them from his authority,, now what about the 2nd A and shall not be infringed?? are all guns now legal for civilians??
Well that's where Scalia is in conflict with the literal of the Constiution.
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States .
The president is commander in chief of the state militia. And just who would that be? Obviously militia can't be all able bodied men within the state as Scalia defined them.
As the president is commander in chief of the "well regulated militia" of the several states.