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Discussion in 'The Okie Corral' started by The Oracle, Nov 21, 2012.
That's nails it. The Louisiana Supreme Court decided to apply the lowest judicial review standard regarding state/local gun ordinances. Now the people through the constitutional amendment process have told the courts what their powers are vis-a-vis judicial review standards and gun restrictions. The people have the right to decide how they chose to govern themselves.
When courts decide what they "think" their role is and that role conflicts with what the people desire their role to be, the people have the right to correct the court through the constitutional amendment process. With regard to the SCOTUS, in the 1803 Marbury v. Madison decision the SCOTUS gave itself the right to interpret what the US Constitution means by what it says. There is nothing in Article III that gives the court this power, but they gave it to themselves anyway and there was nothing Congress could (or would do) to correct that improper decision.
Because of this interpretive power, the courts have become political instruments. That's why people are concerned about who gets elected to the presidency because the President appoints the SCOTUS justices. Presidents seek to appoint justices that match their judicial philosophy. The constitution no longer become the law of the land, but what the court "thinks" the constitution means.
Think about the Obamacare decision of this past summer. The constitutionality of the punitive taxing power of Congress pivoted on one vote. There's nothing the people can do short of a constitutional amendment clarifying the Congress shall make no law that punishes people for failure to engage in acts of commerce.
For one, Colorado and Washington didn't legalize marijuana, the decriminialized it under state law (to a certain extent).
No, the federal government doesn't have a say in that. Any more than Colorado or Washington have a say in what the federal laws regarding marijuana will be.