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U.S. Constitution
See other U.S. Constitution Articles

Title: nolu chan contends an amendment to repeal the 2nd Amdt could be passed
Source: LF
URL Source: [None]
Published: Jul 9, 2015
Author: tpaine
Post Date: 2015-07-09 10:39:45 by tpaine
Keywords: None
Views: 70917
Comments: 255

The Congress proposes, and three-fourths of the states ratify the following amendment

AMENDMENT 28.

Section 1. The second article of amendment is hereby repealed.

Section 2. The individual right to keep and bear, buy, make, and use arms is limited to .22 caliber handguns only.

Section 3. All non-conforming guns must be surrendered to government authorities or destroyed within 30 days of ratification of this amendment.

Section 4. The Congress shall have the power to enforce this article by appropriate legislation.


Poster Comment: During a discussion with Nolu Chan, he asserted that an amendment repealing the 2nd could be ratified, and become a valid part of our Constitution. I contend such an amendment would be unconstitutional. Comments?

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Begin Trace Mode for Comment # 135.

#9. To: tpaine, nolu chan (#0)

During a discussion with Nolu Chan, he asserted that an amendment repealing the 2nd could be ratified, and become a valid part of our Constitution.

I contend such an amendment would be unconstitutional. Comments?

Yes, I have a comment (or two.)

Chan is only the bearer of bad (obvious) news. Don't kill the messenger.

"Unconstitutional" is now in the eye of the beholder of nine justices of SCOTUS.

We now have a "living breathing" Constitution. Just five tyrants of SCOTUS have already interpreted the Founders intent any way they want (emotionally), and changed federal law (without Congressional or State consent.)

What exactly would stop SCOTUS from repealing the 2A? Congress?? "Public outrage? HA! Precedence has been set.

Paine, I admire your commitment to the Fairy Tale that is the "US Constitution," but recent Presidents have ignored it; Congress has ignored it; And SCOTUS ignores it....In other words: "It's dead, Jim." that SCOTUS

Liberator  posted on  2015-07-09   12:57:58 ET  Reply   Untrace   Trace   Private Reply  


#87. To: Liberator, tpaine (#9)

Chan is only the bearer of bad (obvious) news. Don't kill the messenger.

He asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" [emphasis added]

I replied with an example of such an Amendment and asked how it could be struck down.

I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it. I would advocate for an amendment strengthening the RKBA and 2nd Amdt.

What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it.

nolu chan  posted on  2015-07-09   22:03:41 ET  Reply   Untrace   Trace   Private Reply  


#94. To: nolu chan (#87)

I asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" [emphasis added]

I replied with an example of such an Amendment and asked how it could be struck down. ---- I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it.

And I read your example, and observed that it seemed you advocated the power of the people to pass such an unconstitutional act..

I would advocate for an amendment strengthening the RKBA and 2nd Amdt. -- What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it.

It's unfortunate you didn't revise your comments over on the other thread, isn't it..

tpaine  posted on  2015-07-09   22:19:56 ET  Reply   Untrace   Trace   Private Reply  


#98. To: tpaine (#94)

It's unfortunate you didn't revise your comments over on the other thread, isn't it..

No. It led you to make an ass of yourself.

nolu chan  posted on  2015-07-09   22:53:16 ET  Reply   Untrace   Trace   Private Reply  


#101. To: nolu chan (#98)

It's unfortunate you didn't revise your comments over on the other thread, isn't it..

No. It led you to make an ass of yourself.

Sigh, another silly, uncalled for pejorative flame.. -- Very unprofessional for a guy trying to pass himself off as one..

tpaine  posted on  2015-07-09   23:01:42 ET  Reply   Untrace   Trace   Private Reply  


#109. To: tpaine (#101)

It's unfortunate you didn't revise your comments over on the other thread, isn't it..

Of course, I have no need to revise my comments. You asked "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns? " I correctly affirmed that such an amendment could be passed. I answered the question you asked.

Your arguments, if tried in court, would result in Rule 11 sanctions.

"There is no room for a pure heart, empty head defense under Rule 11." First Nat. Bank and Trust Co. of Vinita v. Kissee (1993), 1993 OK 96, 859 P.2d 502

Does Obama enjoy the power you espouse to ignore the Court and the laws? Does his interpretation of the Constitution and the laws supplant that of the Court for the Executive branch?

Can Barack Obama lawfully deem that he is not required to comply with the immigration laws and can permit open borders, and take no action on illegal immigration?

Can Obama lawfully deem 12-million illegal aliens to be citizens?

Can Obama lawfully deem he can authorize the naturalization of an illegal alien?

nolu chan  posted on  2015-07-10   2:16:24 ET  Reply   Untrace   Trace   Private Reply  


#117. To: nolu chan, gatlin, Y'ALL (#109)

I asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?"

I replied with an example of such an Amendment and asked how it could be struck down. ---- I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it.

And I read your example, and observed that it seemed you advocated the power of the people to pass such an unconstitutional act..

I would advocate for an amendment strengthening the RKBA and 2nd Amdt. -- What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it.

It's unfortunate you didn't revise your comments over on the other thread, isn't it..

Of course, I have no need to revise my comments. You asked "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns? " I correctly affirmed that such an amendment could be passed. I answered the question you asked.

You affirmed such a power, and provided an example of how such an amendment could be worded. You did not indicate that you would not advocate the power to so amend. It's unfortunate you didn't post that revision.

Your arguments, if tried in court, would result in Rule 11 sanctions. --- "There is no room for a pure heart, empty head defense under Rule 11." First Nat. Bank and Trust Co. of Vinita v. Kissee (1993), 1993 OK 96, 859 P.2d 502>>

Well, we're not in court, but I do have a pure heart. As for empty heads, I suggest you address gatlin, our empty head expert..

tpaine  posted on  2015-07-10   11:41:56 ET  Reply   Untrace   Trace   Private Reply  


#119. To: tpaine, nolu chan, ALL (#117) (Edited)

I suggest you address gatlin, our empty head expert..

No need to address this, chan.

It is quite obvious that everyone showed tpaine to be wrong.

And tpaine will never man up to admit he was wrong.

It is now quite evident that tpaine is no Constitutional expert.

He is what he is....just an opinionated, bullheaded idiot.

Gatlin  posted on  2015-07-10   12:51:13 ET  Reply   Untrace   Trace   Private Reply  


#120. To: Gatlin, Nolu Chan, Y'ALL (#119)

It is now quite evident that tpaine is no Constitutional expert.

He is what he is..

Yep, I'm a retired building contractor, who has never claimed to be a constitutional expert, -- but it's an easy to read document, and our common sense tell us that it did NOT give a moral super majority the power to amend away our inalienable rights, outlined in the Bill of Rights.

tpaine  posted on  2015-07-10   14:02:38 ET  Reply   Untrace   Trace   Private Reply  


#121. To: tpaine, Gatlin, Nolu Chan (#120)

but it's an easy to read document, and our common sense tell us that it did NOT give a moral super majority the power to amend away our inalienable rights, outlined in the Bill of Rights.

It most certainly did.

SOSO  posted on  2015-07-10   14:09:41 ET  Reply   Untrace   Trace   Private Reply  


#123. To: SOSO, gatlin, nolu chan, Y'ALL (#121)

--- it's an easy to read document, and our common sense tell us that it did NOT give a moralistic super majority the power to amend away our inalienable rights, as outlined in the Bill of Rights.

It most certainly did. --- SOSO

Thanks for your fiat opinion. - You've made big brownie points with gatlin and chan.

tpaine  posted on  2015-07-10   14:26:55 ET  Reply   Untrace   Trace   Private Reply  


#125. To: tpaine, gatlin, nolu chan, Y'ALL (#123)

You've made big brownie points with gatlin and chan.

Don't care. You may chose to continue to live in your fantasy world but most of us do understand what the Constitution means and fully understand that even the Bill of Rights can be modified or nullified if there are enough votes for that to happen. And there is not thing one that SOCTUS can do about it.

SOSO  posted on  2015-07-10   15:26:17 ET  Reply   Untrace   Trace   Private Reply  


#126. To: SOSO, gatlin, nolu chan, Y'ALL (#125)

--- most of us do understand what the Constitution means and fully understand that even the Bill of Rights can be modified or nullified if there are enough votes for that to happen.

Why do 'most' of you WANT to give that power to a moralistic super majority, -- like the tea-totaling idiots that prohibited booze?

To date, no one on this forum, LP, or FR, has ever been able to explain why such majority rule would be desirable.

And I'd bet you can't either...

tpaine  posted on  2015-07-10   15:56:54 ET  Reply   Untrace   Trace   Private Reply  


#133. To: tpaine (#126)

To date, no one on this forum, LP, or FR, has ever been able to explain why such majority rule would be desirable.

Yo, anyone at home in your head. Nobody made any claim about desireability. That has not been the issue being discussed. The issue is what the Consitution permits re: the giving or taking of so-called rights. And what the Constitution permits is that a super majority can change it without limits on what may or may not be changed. Further, as long as the process described in the Consitution is followed SCOTUS can't do thing one about it. The only recourse appears to be rebellion. What's the chances of that occuring?

SOSO  posted on  2015-07-10   18:15:26 ET  Reply   Untrace   Trace   Private Reply  


#135. To: SOSO, y'all (#133)

Why do 'most' of you WANT to give that power to a moralistic super majority, -- like the tea-totaling idiots that prohibited booze?

To date, no one on this forum, LP, or FR, has ever been able to explain why such majority rule would be desirable. (In a Constitutional sense)

Yo, anyone at home in your head. Nobody made any claim about desireability. That has not been the issue being discussed. The issue is what the Consitution permits re: the giving or taking of so-called rights. And what the Constitution permits is that a super majority can change it without limits on what may or may not be changed.

That's what you (prohibitionists?) claim, without constitutional proofs.

Can you answer the question or not?

tpaine  posted on  2015-07-10   18:40:45 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 135.

#139. To: tpaine (#135)

Can you answer the question or not?

I answered your question, i.e. - no-one made a claim as to desireability. I certainly didn't. What part of that answer don't you understand? All anyone said is that the Constitution allows itself to amended in away as long as the procedure described in the Consitution is followed

Do you have another question?

SOSO  posted on  2015-07-10 19:15:52 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 135.

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