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UK2K
12-08-2015, 03:22 PM
https://www.washingtonpost.com/politics/courts_law/supreme-court-wont-review-laws-banning-so-called-assault-weapons/2015/12/07/b562678e-96fb-11e5-94f0-9eeaff906ef3_story.html

In case you care to read what happened.

The question I have, and I am asking because I know I am not the most well versed poster regarding US law and the constitution, is....

Why is the 'assault weapons' law a state right, despite the second amendment being protected under the constitution, but abortion (not protected in the constitution) and gay marriage (not protected in the constitution) are federal issues?

The thread really has nothing to do with the linked article, I just thought maybe someone who knows more about law could explain it.

fiddy
12-08-2015, 03:24 PM
Supreme Court refused to go after Saudi Arabia on 9/11, doesnt serve in favor of the people

Nanners
12-08-2015, 03:30 PM
The question I have, and I am asking because I know I am not the most well versed poster regarding US law and the constitution, is....


you arent a well versed poster on anything at all

UK2K
12-08-2015, 03:31 PM
you arent a well versed poster on anything at all
Great input. If you don't know the answer, say so and move on.

DrakeTheSnake
12-08-2015, 03:43 PM
https://www.washingtonpost.com/politics/courts_law/supreme-court-wont-review-laws-banning-so-called-assault-weapons/2015/12/07/b562678e-96fb-11e5-94f0-9eeaff906ef3_story.html

In case you care to read what happened.

The question I have, and I am asking because I know I am not the most well versed poster regarding US law and the constitution, is....

Why is the 'assault weapons' law a state right, despite the second amendment being protected under the constitution, but abortion (not protected in the constitution) and gay marriage (not protected in the constitution) are federal issues?

The thread really has nothing to do with the linked article, I just thought maybe someone who knows more about law could explain it.

Abortion and gay marriage are human rights issues, which is a federal issue. Ability to have a gun is a federal issue, but what types of guns is not listed in the 2nd amendment and therefore not a federal issue.

Sarcastic
12-08-2015, 03:44 PM
Every state already has its own gun laws, abortion laws, and marriage laws. Not understanding the confusion.

Derka
12-08-2015, 04:11 PM
Because all of the prior case law at the state and appeals level has been pretty consistent on the subject. The Supreme Court affirmed the personal right to carry in 2008 and feels that between Heller and various state laws, the issue of what you can buy and where is settled so long as the personal right to carry is not infringed upon.

Abortion and Marriage...human rights issues...had a raucous stew of differing opinions and rulings that needed clarification. Ergo, the Supremes took a look at them.

UK2K
12-08-2015, 04:17 PM
Because all of the prior case law at the state and appeals level has been pretty consistent on the subject. The Supreme Court affirmed the personal right to carry in 2008 and feels that between Heller and various state laws, the issue of what you can buy and where is settled so long as the personal right to carry is not infringed upon.

Abortion and Marriage...human rights issues...had a raucous stew of differing opinions and rulings that needed clarification. Ergo, the Supremes took a look at them.

Nice, that seems pretty straight forward. :cheers:

Not that I agree with the supreme court determining abortion (not a right) or marriage (not a right) is a human rights issue, or the SC deciding that my gun here in this state is illegal in that one but at least it kind of explains why they can pick and choose what they want to rule on.

warriorfan
12-08-2015, 04:23 PM
you arent a well versed poster on anything at all

:roll:

Derka
12-08-2015, 04:26 PM
Not that I agree with the supreme court determining abortion (not a right) or marriage (not a right) is a human rights issue, or the SC deciding that my gun here in this state is illegal in that one but at least it kind of explains why they can pick and choose what they want to rule on.

120+ years of case law on the subject of marriage disagrees with you on that front.

As for abortion...the cases weren't based on the act; they were settling questions on individual liberty and privacy. Those are absolutely rights.