Sunday, November 17, 2019

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Some People are arguing for the repeal of the 2nd amendment as a way of addressing federal gun rights. But repeal alone is not sufficient since all it gets rid of is a federal constitutional right.  The Supremacy Clause only kicks in to block states if there is a comprehensive federal law intended to preempt all state laws. No such law exists now. So along with the repeal of the 2nd amendment,  Congress would need to enact a comprehensive federal law. Without such comprehensive law, 10th amendment would protect the right of the states to pass their own gun rights laws.   All repeal of the 2nd amendment does is get rid of a federal right. States would be free to enact even more draconic laws especially if state constitutions guaranteed the right .

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Vernellia R. Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

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