The decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment.

The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.

  • AnneBonny@lemmy.dbzer0.comEnglish
    21·
    9 months ago

    Do you need to explicitly include carve-outs or are those implicit?

    If you have a law that says “a person cannot carry a gun in a courthouse”, that would mean everyone, including police, cannot carry a gun in a courthouse. You can say, “felons cannot possess firearms.” I guess that “exempts” people who are not felons implicitly.

    Don’t laws just get interpreted with the constitution in mind, without having to be completely thrown out?

    I’m not sure if I understand your question correctly. A portion of a law can be struck down without the whole law being struck down as unconstitutional.

    • atomicorange@lemmy.world
      2·
      9 months ago

      Thanks, I think you answered with your last sentence. They could conceivably just make the part of the law that affects militia members invalid, and keep the rest. Or do they have to literally strike out clauses in the language of the law? If it’s worded too generally it would be impossible to do so without gutting it.