Considering Hawaii is, by UN definition, illegally occupied? Good. Hawaii should be it's own nation.
this post was submitted on 11 Feb 2024
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This is a bad ruling; Hawai'i is saying that their state laws and traditions take precedent over federal laws, the US constitution, and SCOTUS rulings. It's intentionally trying to undermine the concept of the rule of law in order to get the result that they want. That's not a "devastating rebuke", it's a toddler screaming about not getting candy in the supermarket.
This is counter to the concept of the rule of law, and should be seen as an embarrassment, not something to celebrate.
just like cannabis and other laws in states taking precedent over federal laws?
Texas is another example and abortion is a state by state issue too as is medical and vehicle insurances
driver's licenses are a state by state thing too as is voting not a federal thing all state by state and education standards are state by state and SNAP benefits
US should have gotten things more united and settled before it was too late and shattering instead of waiting to cry and moan about it afterwards
I already responded to that. Local laws do not supersede federal marijuana laws, as you will quickly discover if you try to purchase a firearm. (And, BTW, if you are a 'legal' user of marijuana and buy a firearm, that's a federal felony.)
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That’s not a “devastating rebuke”, it’s a toddler screaming about not getting candy in the supermarket.
It appears Hawai'i is parroting decisions by redder states, in an effort to force the SCOTUS to rule broadly on the question of Supremacy (or, at least, try and split the baby in some coherent way).
This is counter to the concept of the rule of law
Its counter to the concept of Federalism, but right in line with the Seperatist theory of law that quite a few modern day politicians happily espouse when it suits them.
I think this also. I don't think this is good, but it's not without precedent considering how Federal law and marijuana legalization works on a State level superceding Federal.
Truthfully this is just another ruling denying Federal as law of the land.
marijuana legalization works on a State level superceding Federal.
it really doesn't, though. federal agents can and still occasionally do assert the supremacy of federal prohibition over state level legalization, it's just that they've been directed not to in most cases. you can absolutely still be arrested for possession and when I was getting my card they made an effort to point that out and told me not to bring it to the post office or national parks or anything else like that where the law enforcement is likely to be federal rather than state or local.
Marijuana laws don't supersede federal law though; the fed. gov't simply chooses not to enforce the laws in states that have legalized it, and citizens of the legal states don't have standing to sue the gov't and compel them to enforce the laws. (And yeah, I agree that marijuana needs to be descheduled completely so that this isn't an issue.) (IIRC, they would need to demonstrate a personal harm caused by lack of enforcement to have standing to sue.)
In point of fact, if you purchase legal marijuana, either for recreational purposes or medical reasons, you are ineligible to purchase a firearm; this is made very clear on form 4473, where it specifically states that even if it's legal in your state, it's still a federal crime that makes you a prohibited person.
It is ultimately all rooted in the same concept, a rejection of the Supremacy Clause.
This is just another salvo in the kind of language that leads to either a civil war or a secession, and it being made by the "good guys" doesn't stop that.
I... Don't think that's really the case. I don't think anti-2A states like HI and CA are trying to delegitimize the Supremacy Clause, I think they truly believe that they're on the right side of history when they're undermining civil rights. OTOH, I would agree 100% that Texas for instance is trying to undermine the supremacy clause and force a gov't showdown.
...Which, if Biden is smart, he will avoid doing until and if he wins the election. I would bet a lot of money that Abbot has engineered this to be an election year stunt, esp. since senate Republicans torpedoed their own deal on immigration reform. If Biden goes after Abbot before the election--even though precedent is clearly on his side--he energizes the far right. If he does it the day after he wins the election--regardless of whether he becomes a lame duck or not--then Republicans don't get to use that.
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The supreme court is supremely illegitimate. Ignore all their rulings.
This is asserting we have no rights outside of what the federal or state constitutions allow, which is a bad precedent to attempt to set. The Bill of Rights Amendments do not provide us with rights, they instead protect us from government limitations of certain rights that are inherent. People seem do not understand the juxtaposition of granted rights vs protected rights in these contexts when diacussing these kinds of cases.
Does the Hawaii state constitution specifically deny the right to keep and bear arms outside of military service?
Even if it did, it wouldn't matter as the US constitution is the ultimate authority and contradicts that opinion. It would take a few years to get to the Supreme Court though.
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