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To: Dead Corpse
"How can a California law over ride the US Constitution?"

What are they overriding?

Art 6, para 2 says the U.S. Constitution is the Supreme Law of the land and that federal laws supercede state laws. California state law is not violating any part of the U.S. Constitution, and does not conflict with any federal law.

The 2nd amendment, whether it protects an individual right or a collective right, still only applies to federal laws, not state laws.

The 9th amendment says that people have rights, but it does not say that either the federal government or the State of California must protect every single one of them.

The 10th amendment says that since the State of California did not cede their police power to the federal government, the state retains that police power.

The 14th amendment says that states shall not deprive any person of life, liberty, or property without due process. California law does not violate any of these areas -- unless you can show me where.

"Shall not be infringed" means by anyone at any level of government."

Oops. No. Every single court in every single case has stated that the second amendment only applies to federal laws, not state laws. State RKBA laws are guided only by state constitutions (unless the law violates some other part of the U.S. Constitution -- like restricting gun ownership to men only).

"Or are you still pushing the same old BS that States aren't subject to Constitutional restrictions and could bring back slavery if the legislature voted to?"

Slavery? No.

"What you are pushing isn't Federalism."

Ah, but it is. Some issues such as slavery, women's suffrage, state religion, restricting the press, and others weren't popular, but they were federalism.

204 posted on 07/24/2006 11:52:12 AM PDT by robertpaulsen
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To: robertpaulsen
Every single court in every single case has stated that the second amendment only applies to federal laws, not state laws. State RKBA laws are guided only by state constitutions (unless the law violates some other part of the U.S. Constitution -- like restricting gun ownership to men only).
Absolutely correct. The "well-regulated" Militia falls under absolute purview of the individual Governors of the sovereign and separate States. All sorts of regulations can be legally applied by force of the State, one being prohibitions against armed men drilling in concert, unless under the direct authority and command of the Governor.

Since all able-bodied men 18 to 45 years of age (65 years if veteran of the organized Militia) are members of the un-organized Militia (as ruled by SCOTUS), and the Militia is under total and complete control of the Governor, then everything concerning Militia matters can wholly and in part be regulated by the Governor (as they see fit).

206 posted on 07/24/2006 12:25:35 PM PDT by raygun
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To: robertpaulsen
Art 6, para 2 says the U.S. Constitution is the Supreme Law of the land and that federal laws supercede state laws. California state law is not violating any part of the U.S. Constitution, and does not conflict with any federal law.

Let's review...

Again...

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

So, Laws of any State to the Contrary notwithstanding. So no, California law cannot trump "shall not be infringed". Except in your twisted little world where a Judge, also bound by this same clause, can just ignore it.

Also, States ratify Amendments. Once an Amendment is ratified, it becomes part of the "Supreme law of the Land". Just like the Laws they pass. No incorperation necessary.

You can run from this, but it doesn't make you... or the courts... correct.

208 posted on 07/24/2006 1:17:20 PM PDT by Dead Corpse (It is not the oath that makes us believe the man, but the man the oath.- Aeschylus)
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