States rights to bear arms

[SamHouston]

1836 Texas: Every citizen shall have the right to bear arms in defence of himself and the republic.

Most state constitutions written by their founding fathers contains an article that allows for self defense. In Texas, it is fundemantal to our founding and a large part of our history. If guns were banned on the federal level, would state gun laws stand? Would the state be able to file a lawsuit to overturn a federal law?

 

[yomama]

I think it may be our only hope in the end. I have thought about this in depth recently, also depressed by the election as others here have expressed.

In the end, where I have left it is that our system is the best system, and was designed to last. The checks and balances are the only way we will continue to be the USA.

 

[nobody_special]

Would the state be able to file a lawsuit to overturn a federal law?

Does the Texas constitution enable you to legally purchase a post-'86 machinegun? Does the California law permitting medical marijuana override the controlled substances act?

 

[hammer4nc]

Does the Texas constitution enable you to legally purchase a post-'86 machinegun? Does the California law permitting medical marijuana override the controlled substances act?

In response to your rhetorical question, setting constitutional theories (supremacy clause) aside, CA medical marijuana outlets keep popping up. CA state officials, rather than actively fighting the feds in court, seem to be standing aside. The feds lose credibility every time a dying cancer patient gets on the 6pm news, crying about losing their only source of relief.

I can see a similar template playing out with other issues like RKBA, with the end result being wildly unpopular federal goon squads trying to round up guns, getting no help at all from local LE, and eventually realizing they don't have the resources to carry out the mission. Not unlike alcohol prohibition.

Practical remedy, not a strictly legal one.