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To: sten
i’m trying to understand how a federal judge can overrule a state constitution amendment. 61% voted for the amendment and now a federal judge can dictate what he feels is right how that’s even legal is beyond me.

The US Constitution trumps state constitutions, so it is legal for federal judges to strike down state laws and constitutions which violate the federal constitution. (I do not agree that a ban on gay marriage violates the federal constitution, but that is the legal principle behind these cases.)

This past November, voters in Washington State passed by referendum sweeping new gun control laws. If a federal court were to strike them down under the 2nd Amendment, would you be crying about the will of the voters being thwarted by an unelected judge?

68 posted on 01/05/2015 2:11:14 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

yes i would.

the states are not meant to be 100% uniform. they are meant to govern themselves allowing the citizens to choose which state is the best to live in.

this goes for taxes as well. the Constitution states taxation was to be levied on the STATES not on the individual. additionally, taxes were to be uniformly applied depending on the population of the state compared to the country. it wasn’t until the ‘elites’ decided to ram through the 16th (unratified) amendment that allowed the fedgov to tax the individual.


71 posted on 01/05/2015 4:22:16 PM PST by sten (fighting tyranny never goes out of style)
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To: Lurking Libertarian

That is the point many people miss, the judges can rule gun control constitutional if they wish, it’s all a question of when they feel that there will be no outcry.


73 posted on 01/06/2015 11:15:19 AM PST by Morpheus2009
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