The Real Hawkeye
member
Can anyone say "overbreadth doctrine?" It's a Constitutional Law doctrine that invalidates as "overbroad" any legislation so sweeping that, along with its allowable prohibitions (in this case, product configuration prohibitions at the point of importation), it also restricts constitutionally protected rights (in this case, the right to keep and bear arms, and for an end user to generally make alterations as he sees fit to his property, which is fundamental both to the right of private property and of privacy). Any legislation is invalidated by this doctrine that is "fairly capable" of being applied so as to punish people for constitutionally protected conduct. A law is void on its face if it "does not aim specifically at evils within the allowable area of government control [Which evils are being targeted by this law, by the way, and are said "evils" within an allowable area of Federal control?] but [instead] sweeps within its ambit other activities that constitute an exercise [of a protected right]." I contend that this legislation is more than capable of so "sweeping" with regard to the rights mentioned above.
What are we doing to repeal this clearly unconstitutional regulation? Anyone know? Has it ever been challenged on this basis?
What are we doing to repeal this clearly unconstitutional regulation? Anyone know? Has it ever been challenged on this basis?