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Old 11-21-2012, 12:07   #8
The Oracle
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Join Date: Oct 2006
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Posts: 1,243
Quote:
Originally Posted by certifiedfunds View Post
Take it up with Napoleon.

To the OP - no, I see no such worries. We amended the state constitution. End of story.


Really?


...and Colorado/Washington legalized marijuana, is that the end of the story?


Or does/will the Federal government have a say in the matter.


Quite obviously, state sovereignty on legislative issues is not absolute. Federal law/ Federal court decisions trump state laws/court decisions. Furthermore, the federal government is not going to remain silent on either the issue of legal pot or 874.


Like I said, I am in favor of Strict Scrutiny for laws restricting the right to keep and bear arms. However, 874 applies only to Louisiana, and only until it is IMHO deemed to be overly restrictive.


When thinking about this objectively, it is impossible to ignore the implications of the fact that after many chances in many different cases/fact patterns, the Supreme Court has repeatedly declined to declare Strict Scrutiny to be the applicable standard of judicial review for laws restricting the Right to Keep and Bear Arms.


IMHO Strict Scrutiny will not be the applicable standard until the Supreme Court issues an opinion saying so. Given the Court's record directly on point in numerous opinions, and the current political climate, that is less likely than a Federal law legalizing marijuana.




...thanks for the replies


.
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