State Law vs. US Constitution??

S

SameShot

New member
Could someone please explain this to me?
I was under the impression that states cannot make laws that are in conflict with the US Constitution.

Which has the final say?
State Law or,
US Constitutional Law?

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Same Shot, Different day
 
Supremacy clause of the US Constitution has been interpreted by the Supreme Court as to placing Federal law (the Constitution) over that of State law.

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Vigilantibus et non dormientibus jura subveniunt
 
Where the power is specificly granted to the Federal government by the Constiution, the Constitution rules. It is the supreme law of the land. However any power not so specificlly granted is reserved to the states or the people via the 9th and 10th amendments. The 14th amendment modified this somewhat, in that it makes the first 8 amendments as the supreme law of the land over the States. This includes the 2nd.

Richard
 
So this means that any state with CCW laws, magazine capacity restictions, cosmetic features bans, participation in NICS, ad nauseum, would be in violation of the 2nd amendment of the Constitution and therefore should be considered no longer part of the USA. Right?

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John/az

"They come, they eat, they leave...
"They come, they eat, they leave...NOT!!

Bill Clinton (aka: Hopper) Al Gore (aka: Molt) Janet Reno (aka: Thumper)

Ants UNITE!
 
Bookie: you are wrong. So i can't be accused of "shooting from the lip" I will cite the source of my facts, Understanding Consitutional Law, legal text series by Bender. in Barron v.Baltimore 32 u.s. 243 (1833) the SCt. held that the BOR did not apply to the states. The 14th amend was passed in 1868. In Palko v. Connecticut, 302 u.s. 319 (1937) the supreme court rejected the incorp of the 5th and applied the reasoning of Palko in Adamson v. California 332 u.s. 46 (1947) The first incorp via the 14th was Duncan v. Louisianna (1968)which incorp'd the 6th. So far the only amends incorp'd have been the 1st, 4th, 5th, 6th, 8th. I can cite cases in a later post if you want. The SCt has not incorp'd the 2nd or 3rd. If the writers of the 14th meant to incorp the BOR why did it take so long for them to start?
 
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