Federalism
Glenn on whether national right to carry violates federalism:
Congress is clearly empowered to protect constitutional rights via legislation. Plus, this could easily be styled as an exercise of Congress’s affirmative power to arm the citizenry in the militia clause of Article 1 section 8.
January 4th, 2012 at 11:21 am
Or Article 4 section 1 “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”
January 4th, 2012 at 2:18 pm
The Full Faith and Credit clause argument is weaker because the FFC clause has been interpreted to allow states to not recognize other state’s laws that conflict with their own public policy.