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Life is Good
Exactly.More ignorance and idiocy from the right.
If enacted this measure would be in violation of the Supremacy Clause of the US Constitution.
Federal law and decisions by the Federal courts are binding on the states; Federal law trumps state laws, and the states may not pre-empt, nullify, or otherwise ignore Federal statutes. See: Cooper v. Aaron (1958).
Federal law does not trump the Constitution. The States are given the power to raise militias. The second amendment protects the people's right to own weapons. The 39 ruling states those weapons must be of common usage to the military.
A federal law can not overturn the Constitution. A State that specifies who is in the militia, specifies exactly who MUST own military type weapons.
The Supremacy clause is not a blank check that allows the Fed to violate the Constitution.
No one ever said it did.
A federal law can not overturn the Constitution.
No one ever said it could.
The Supremacy clause is not a blank check that allows the Fed to violate the Constitution.
No one ever said it was.
All acts of Congress are presumed to be Constitutional until a court rules otherwise, including a law banning AR 15s.
Only the courts determine the constitutionality of a given Federal law, not the states. A state law does not trump the Constitution, a state law can not overturn the Constitution, a state law can not pre-empt or nullify a Federal statute or ruling of a Federal court.
If the people of SC, or any other jurisdiction, believe a given Federal law is un-Constitutional, theyre free to file suit and challenge the law in Federal court.
And this lil part of that ridiculous bill
"The unorganized militia may not fall under any law or regulation or jurisdiction of any person or entity outside of South Carolina."
will get tossed out quicker than they can whistle Dixie.