This is the Cato Daily Podcast for Monday, April 21st, 2014.

I'm Caleb Brown.

Retired Supreme Court Justice John Paul Stevens has some ideas about how to fix the Constitution, specifically the first

and second amendments. Trevor Burris, a research fellow at the Cato Institute, says the arguments

are essentially the same as ones offered during Stephen's tenure on the court and are no more compelling today.

Well, Justice John Paul Stevens, who retired from the court in 2010, has written a book called Six Amendments and their short little suggestions he adds

to the Constitution for fixing many cases that he dissented in, most prominently Citizens United and the Heller decision and

the Washington Post op ed that he had put together it's actually just an excerpt

from the book was suggesting his fix for the second amendment to

return it to take away the individual right

component and make it a militia component,

which is exactly what he said in his Heller descent.

Is it a good argument?

No, it's as bad as it was when he first made it.

Unfortunately, four justices agreed with him at the time, but the vast majority of

scholarship is against this view that the Second Amendment somehow conveys some right that is only on people

who are serving in the militia.

This is exactly what he proposes.

He wants the amendment to say, the right to keep him bear arms when serving in militia shall not be infringed.

So this means apparently that if you're serving in the militia and then your commanding officer

takes away your gun you could sue them.

It's not even clear what it would

...