Consequences of Constitutional Amendments
by Courtney C Horne @FireezDragon
In November of 2012, the states voter approved a constitutional amendment which said that “the right to keep and bear arms is a fundamental right and any restriction of that right requires the highest standard of review by a court.”
This was put forward despite the fact that the Louisiana Constitution already established the right to keep and bear arms. And the obvious fact that it is also in the federal constitution.
The consequence? A judge ruled that because the amendment changed the wording to a “fundamental right” and therefore upped the level of scrutiny for any gun restrictions that the Louisiana Statute criminalizing the possession of guns by certain felons no longer meets the state’s constitutional standards.
So when you look at a constitutional amendment, it is important to consider possible consequences. My short bill summaries obviously don’t get into those but between the time a bill passes the legislature and the time the public has to vote on the constitutional amendment in November hopefully I will able to look at possible outcomes for those amendments.