The article below illustrates why I have some reservation about the McDonald decision. I said in another forum that this could be hit against states rights, my argument being that, if the Congress passed a law banning a type of weapon, semi autos for instance, and the President signed it into law, what recourse would the states or the people have after McDonald.
This is not a discussion about whether or not you support the AZ law, it's just an illustration, but rather, is "preemption" a way to attack the 2nd Amendment.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/06/AR2010070600061.html?hpid=topnews
By Jerry Markon
Washington Post Staff Writer
Tuesday, July 6, 2010
The Justice Department has decided to file suit against Arizona on the grounds that the state's new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.
A federal lawsuit will dramatically escalate the legal and political battle over the Arizona law, which gives police the power to question anyone if they have a "reasonable suspicion" that the person is an illegal immigrant. The measure has drawn words of condemnation from President Obama and Attorney General Eric H. Holder Jr. and opposition from civil rights groups. It also has prompted at least five other lawsuits. Arizona officials have urged the Obama administration not to sue.
Etc. ...
This is not a discussion about whether or not you support the AZ law, it's just an illustration, but rather, is "preemption" a way to attack the 2nd Amendment.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/06/AR2010070600061.html?hpid=topnews
By Jerry Markon
Washington Post Staff Writer
Tuesday, July 6, 2010
The Justice Department has decided to file suit against Arizona on the grounds that the state's new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.
A federal lawsuit will dramatically escalate the legal and political battle over the Arizona law, which gives police the power to question anyone if they have a "reasonable suspicion" that the person is an illegal immigrant. The measure has drawn words of condemnation from President Obama and Attorney General Eric H. Holder Jr. and opposition from civil rights groups. It also has prompted at least five other lawsuits. Arizona officials have urged the Obama administration not to sue.
Etc. ...