skeptical
Muse
- Joined
- Mar 4, 2007
- Messages
- 957
AoS: Technically speaking, if the federal ban is constutional, Montana's constutition does not have the authority to say they're wrong.
True, but the issue is if the US constitution gives congress the power to ban in the first place. Their powers under the commerce clause are broad, but there are some, albeit fuzzy, limits.
I should also note that the 2nd amendment itself could be repealed, and this, standing alone, would have no effect on a states' rights to ALLOW guns, it would merely remove a federal limit to a states' rights to RESTRICT guns. Additional legislation would have to be enacted to restrict guns at the federal leve.
However, you can get gay marriage ins ome states and it's not valid in others even with full faith and credit.. so I really don't know how that'd work.
That's really a more complex issue. The DOMA purports to restrict the FF&C so that states do not have to honor same sex marriage from other states. There is some question if the DOMA is constitutional or not. With the current SCOTUS, it probably would pass muster. Even a EP argument is not likely to work IMO with the current court composition.