WordPerfect version No. Justice Stevens , dissenting. 3, is vitally dependent on the character of the education of our children. I also agree with Justice Souter's exposition of the radical character of the Court's holding and its kinship with the discredited, pre-Depression version of substantive due process. I believe, however, that the Court's extraordinary decision merits this additional comment.
Guns are both articles of commerce and articles that can be used to restrain commerce.
Their possession is the consequence, either directly or indirectly, of commercial activity. The market for the possession of handguns by school age children is, distressingly, substantial. Whether or not the national interest in eliminating that market would have justified federal legislation in 1789, it surely does today.