Tuesday, April 21, 2020

Would'a, Could'a, Should'a

State constitutions can go farther than federal in protecting liberty [More]
So why don't they?

[Via Michael G]

1 comment:

Henry said...

Sometimes they do. I remember one, perhaps two cases in the past 20 years in which a bad gun law was crushed by reference to our state constitution, whereas it may not have fared well in referencing the vaguer federal one.

I also recall at least two state constitutions where the RKBA language explicitly references personal self-defense and ends with "shall not be questioned," both much stronger than the federal verbiage. That even these stipulations seem to be honored more in the breach these days is certainly an issue, but another level of issue entirely.