Quote:
Originally Posted by detbuch
The notion that the clause's limiting effect on states due to the relatively small scope of power given to the central government somehow means that there is a general notion of limitation on freedoms in the Bill of Rights, or to any of the vast residuum of other rights, ergo that the federal government can use that notion to abridge rights outside of its scope of constitutional power is nonsense.
The Supremacy Clause does not give the federal government a general power to create laws that abridge freedoms neither in the Bill of Rights, nor among all the inherent rights not listed in The Bill. You are missing that point. .
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I'm not missing that point. I am saying that the ability of states to limit gun rights, is clearly subject to the supremacy clause. I cited a recent case where a federal judge struck down a gun ban in DC...if the feds had no authority to subject such state laws to the supremacy clause, the judge would have refused to hear the case. The feds didn't create a law, they struck down a state law that violated the US constitution. You said the feds have no authority to regulate gun restrictions. The court case I posted, seems to indicate otherwise.