Potential Supreme Court ruling on the Second Amendment

[ThePug]

My understanding is the law is enacted... then SC reviewed... then if found unconstitutional struck down. But if the SC does not review a law, that it stands until such time as it does.

This is true, but it's important to note that it's only as a result of the Marbury v. Madison case. The Constitution doesn't authorize the SC to review laws.

Correct. All courts are allowed to do is refuse to assist in the enforcement of unconstitutional laws, which is exercising their own power, not order the executive or legislature what to do with their powers, which is what they often do.

[penguins4me]

My understanding is the law is enacted... then SC reviewed... then if found unconstitutional struck down. But if the SC does not review a law, that it stands until such time as it does.

Also from Marbury vs Madison, something very much worth noting:

Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.

In practice, this is not how matters work out: see Wayne Fincher's case, as an example where a void law (gun "control" law which violated the Second Amendment) was used to throw him in prison for six years. In theory, anyone accused of violating a void law could treat the enforcers of the void law as common criminals.