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0 pointsumanwizard4y ago0 comments

> What limits, if any, does the 2nd amendment or the rest of the constitution place on the type of arms?

“The constitution”, as a written document, doesn’t put any limits on anything, because it’s irrelevant in practice, and constitutional law is pure kayfabe.

The real constitution, in practice, is the rulings of the Supreme Court, which has absolutely unlimited latitude for “interpreting” the written document however it wants.

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3 comments · 1 top-level

claytongulick4y ago· 2 in thread

Sort of.

Nothing in the constitution grants the supreme court this power.

Judicial review was a power seized by the courts in Marbury vs Madison.

Theoretically, congress could act to limit the purview of the supreme court at any time.

umanwizardOP4y ago

> Nothing in the constitution grants the supreme court this power.

Doesn’t matter. They have this power, in actually existing reality.

> Theoretically, congress could act to limit the purview of the supreme court at any time.

Sure, they could try. And the Supreme Court would strike down the law they pass. Then we’re in full-blown Venezuela-level constitutional crisis territory where nobody agrees who legitimately holds power, and it’s impossible to predict what would happen.

Juminuvi4y ago

> Sure, they could try. And the Supreme Court would strike down the law they pass.

Isn't the balance to this that congress and the executive branch can restructure the courts? Eg. add justices, set term limits, etc.

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