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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(7/9/2021)
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The law is not unconstitutional for the following reason:
It isolates federal laws that violate the 2nd Amendment. Article VI's supremacy clause stipulates that the Constitution and any laws that shall be made in pursuance thereof are the supreme law of the land. Federal laws that violate the Bill of Rights (or that implement controls in areas where there is no constitutionally delegated authority to do so) are not the supreme law of the land, by definition.
Since the state law specifies only that federal firearms laws that have no constitutional validation shall not be recognized in Missouri, it does not run afoul of the supremacy clause. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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