Hologram wrote:GabonX wrote:Hologram wrote:Well...
If the Supreme Court rules against everybody being allowed to carry guns then it would basically nullify that bill.
So, yes, the right is being tested.
Absolutely wrong, as a marine you should brush up on your understanding of the Constitution which you are sworn to defend.
The Supreme Court could rule (incorrectly) that the Second Amendment does not convey an individual right to bear arms. If Congress passes a law which sais that students can have guns with them at school the next day then the new legislation takes precedent. Congress always maintains the right to pass new legislation nullifying interpratations of old laws.
First off, I'm not a Marine. I will be in about 8 months, but I'm not yet.
Second, contrary to popular belief, the oath of enlistment doesn't contain anything about upholding the Constitution, only in obeying the President, all officers appointed above me, and all non-commissioned officers appointed above me. You're thinking of the Oath of Office that all political office holders must take.
Third, the Constitution says nothing about Congress having the ability to overturn the rulings of the Supreme Court with new legislation. While this doesn't bar them from doing it, the law will no doubt quickly be taken up by a Constitutional lawyer and taken before the same Supreme Court that overturned the previous law in question and would no doubt meet the same ruling.
I figured that I would honor you as a Marine because I have the utmost respect for people who serve. With that said I disagree with what you have said...
First off the oath of enlistment for officers reads as follows:
"
I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
http://www.history.army.mil/faq/oaths.htm
That's a dot mil so I think I have you here...
Rulings made by the Supreme Court are based off of the laws that Congress makes, all the Supreme Courth is
supposed to do is interperate these laws. Based on this we can assert that new legislation can nullify old rulings. The Constitution explicitly states that that Congress has the power to change or amend the Constitution so here too we see how Congress can nullify a ruling.
If you want I can go back and find more specific legal text from my US Government class last semester to further prove my point, but I really don't think that it should be necessary. I'm not trying to be rude to you. I just think that as an American, especially as a prospective member of the military, you should do more research so that you better understand these concepts. Better you find out here than in an in person argument right?