Of course, absent such power being given to the State via Amendment of the State Constitution, then they cannot rightfully pass a simple law and still have a legal leg to stand on in our Republic.
As in the California example, and supposing that the Federal Constitution did not already prohibit such a ban, a ban on so-called "assault weapons" is illegal as there is no power given to them in their Constitution for such a thing. Search their Constitution, here for things like "firearms", "weapons", "arms", and "guns". Nothing will pop up as their Constitution does not authorize them to regulate such things. Their LEGISLATURE and COURTS are writing law without a basis for having the power to do so excepting of course that they control the police forces in their State. Essentially a dictatorship where the dictator is changed out periodically.
A Constitution is a contract with the People. WE are saying "this you shall do this and NOTHING else". If it ain't in there, then that governing body CANNOT legitimately have ANY power in that area. Regardless of what meaning an activist court can find buried in penumbra's and emanations. It should, IMO, be Treason for them to even try to grab more power via legislative of judicial malfeasance.
Virginia has outlawed prostitution.
Sure hugh, just like CA has "outlawed" assault weapons..
Dream on. No doubt they have a ton of stupid laws about it, some legal, some not.
But, -- in a Constitutional sense, it is not prohibited. - Just over-regulated.
Dead Corpse wrote:
A Constitution is a contract with the People. WE are saying "this you shall do this and NOTHING else". If it ain't in there, then that governing body CANNOT legitimately have ANY power in that area.
Exactly DC.. Well put.
-- My point to akston was about a State power to enact 'prohibitions', -- to "outlaw" aspects of our life, liberty, or property by fiat decrees.
- States must use due process of law to prohibit behavior or 'outlaw' property. They must have reasonable cause to criminalize acts & objects.
Nothing in our US Constitution or in the various State Constitutions gives any level of government the power to infringe upon our basic individual rights.