The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.
::sigh::
This is a bad ruling; Hawai’i is saying that their state laws and traditions take precedent over federal laws, the US constitution, and SCOTUS rulings. It’s intentionally trying to undermine the concept of the rule of law in order to get the result that they want. That’s not a “devastating rebuke”, it’s a toddler screaming about not getting candy in the supermarket.
This is counter to the concept of the rule of law, and should be seen as an embarrassment, not something to celebrate.
just like cannabis and other laws in states taking precedent over federal laws?
Texas is another example and abortion is a state by state issue too as is medical and vehicle insurances
driver’s licenses are a state by state thing too as is voting not a federal thing all state by state and education standards are state by state and SNAP benefits
US should have gotten things more united and settled before it was too late and shattering instead of waiting to cry and moan about it afterwards
I already responded to that. Local laws do not supersede federal marijuana laws, as you will quickly discover if you try to purchase a firearm. (And, BTW, if you are a ‘legal’ user of marijuana and buy a firearm, that’s a federal felony.)
unless the state says otherwise
https://leg.colorado.gov/bills/sb19-093
make US laws make sense
It appears Hawai’i is parroting decisions by redder states, in an effort to force the SCOTUS to rule broadly on the question of Supremacy (or, at least, try and split the baby in some coherent way).
Its counter to the concept of Federalism, but right in line with the Seperatist theory of law that quite a few modern day politicians happily espouse when it suits them.