I cringe a little because it seems a bit contrary to federalism, but it effectively implements the "privileges or immunities" clause of the Fourteenth Amendment, so I don't cringe a lot. It would require states to recognize carry permits issued by other states.
I am not expecting to pass the Senate or get past President Obama, but it is still nice to see. Could you have imagined this twenty years ago?
What about the "full faith and credit" section in the Constitution:
ReplyDeleteFull 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.
Although as you note the 14th Amendment is a major ... infringement on federalism, but it was done explicitly to prevent the disarmement of freedmen (if I remember That Every Man Be Armed correctly), plus there's the minor detail of whether the bit about "and bear arms" of the 2nd Amendment in practice means anything.
As I understand it, full faith and credit is a lot less powerful than it sounds. States have not been required to recognize marriages from other states that violate their rules (such as first cousin marriages--legal in some states but not others).
ReplyDeleteI would not call the 14th Amendment an infringement on federalism so much as an adjustment. At least it was passed by amending the Constitution, not simply ignoring it.