View Single Post
Old January 1, 2013, 07:17 AM   #104
Senior Member
Join Date: May 24, 2005
Location: North Carolina
Posts: 2,698
Originally Posted by No1der
I will leave one caveat though, for sake of argument, the authors of the Constitution also made provisions that the document may be changed to meet current day, or future day, needs of society. I mean even in the "Old West" days, towns apparently had the power to dictate whether carrying a gun on ones person was legal or not based on town rules. Seems nobody had a problem with it back then so I would have to guess that this was somehow not Unconstitutional. I can't explain it, it's just a little 'aside' thought.
Any time that three-fourths of the states vote in favor of a proposal, the Constitution can be changed - and rightfully so since it would reflect the will of an overwhelming majority of the public.

The Constitution defines the powers of the federal government and the Bill of Rights contained extra prohibitions for the federal government to stay out of specific areas in which it was not granted any power. The "Old West" laws were not unconstitutional because they were not federal laws; each state's constitution and laws determined the extent of the RKBA and permissible regulations in the respective states. The very recent incorporation of the 2nd Amendment against the states makes the legal landscape ... more interesting.
gc70 is offline  
Page generated in 0.07389 seconds with 7 queries