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Old 01-30-2013, 08:49   #14
the squid
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Join Date: May 2007
Location: Alabama
Posts: 156
Quote:
Originally Posted by Richard View Post
[COLOR="Lime"]-- could bar particular types of future legislation.

Federal legislation does trump contrary state laws, so if Congress and the President ever forbid gun-control laws at the state level then those laws would have to yield - unless such a federal law would be declared unconstitutional, of course.
Richard
Which they do so under the guise of the commerce clause, which has been historically used to validate federal laws which would otherwise infringe on the reserved powers clause of the second ammendment.

Interestingly enough, this was also how the government argued for the constitutionality of Obamacare, which the Supreme Court then later said that the law could only be enforced through their taxation powers.

So it goes.
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