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re: Rep. Ellison (D) - Wishes his party would come out against the 2nd Amendment

Posted on 3/25/14 at 3:22 pm to
Posted by ninthward
Boston, MA
Member since May 2007
20455 posts
Posted on 3/25/14 at 3:22 pm to
quote:

o let's say the 2A is repealed
is this before or after the civil war?
Posted by trackfan
Baton Rouge
Member since Sep 2010
19691 posts
Posted on 3/25/14 at 3:57 pm to
quote:

You're telling me that there's no way a judge could rule that legislation to be unconstitutional?

I'm saying that a judge would have to tie his ruling to an amendment that's in the constitution. I know a lot of folks here disagree with Roe vs Wade, but the court did base their ruling on the 9th and 14th Amendments.
Posted by Dead End
Baton Rouge
Member since Aug 2013
21237 posts
Posted on 3/25/14 at 7:38 pm to
quote:

o let's say the 2A is repealed

is this before or after the civil war?


Damn right.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48331 posts
Posted on 3/25/14 at 8:53 pm to
quote:

If there were a repeal of the 2nd Amendment, the federal courts would no longer have any say in the matter, it would all be handled at the local and state level.


Congress could ban guns at the federal level which would apply to all states.
Posted by cwill
Member since Jan 2005
54753 posts
Posted on 3/25/14 at 9:05 pm to
quote:

Okay, so let's say the 2A is repealed. The state of Louisiana then enacts pro-gun ownership legislation.

You're telling me that there's no way a judge could rule that legislation to be unconstitutional?


Not unless there was a federal law banning gun ownership. Repeal of the second would basically remove the courts from the equation as gun ownership would no longer be a right. That's why Ellison didn't contradict himself. If the second were gone congress or the states could limit gun ownership as they saw fit without concern over a legal challenge.

You have a disconnect between your proclaimed facts and an understanding of actual facts.
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