Justice Breyer came up with this concept during oral arguments today, and it was too fruity to pass up.
Still, I take from what you are saying that — let’s make up an imaginary importance of ordered liberty chart, and we give it to James Madison and the other framers. And he would say insofar as that right to bear arms is important for the purpose of maintaining the militia, it’s high on the ordered liberty chart. Insofar as the right to bear arms is there to shoot burglars, it’s low on the ordered liberty chart.
He’s obviously going to be writing a dissent in McDonald (he still hasn’t gotten over Heller), and he’ll need all the help he can get, so I figured I’d run with his idea and cobble together a handy visual aid.