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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: 70804
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 The second article of amendment is hereby repealed.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 # 30.

#3. To: tpaine (#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?

Nolu Chan is legally correct. Through the amendment process the Constitution can be amended to say anything, except removing equal representation in the Senate. THAT requires unanimity of the states.

The Constitution could be amended to require the sacrifice of first-born children. And if the sufficient majorities were found to vote for that, it would be "constitutional".

Of course, then treason, and seeking the overthrow and destruction of the Constitution, and supporting foreign invasion and annihilation of the American government, would be the only morally correct thing to do.

The Constitution does not guarantee MORAL content. The people have to do that. If the people become depraved and enact depraved laws, then "all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed". America was always depraved. First there was slavery, then there was Indian genocide and segregation. Those things ended, but now we have abortion and the glorification of buggery.

Most people think that those evils - slavery, segregation, abortion, gay marriage - are "sufferable evils" and don't rebel. And that would be the case with the Second Amendment abolition also, were it to pass. (Truth is, it could not pass in the current environment).

Mandatory sacrifice of firstborn children would be bad enough to justify treason, and would swiftly result in its outbreak.

Traitors who win are called "Founding Fathers" of the new order they usher in.

Vicomte13  posted on  2015-07-09   10:49:50 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Vicomte13, nolu chan (#3)

The text of the Seventeenth:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect that the election or term of any Senator chosen before it becomes valid as part of the Constitution.

I see nothing requiring unanimity nor do I recall any other such unanimous requirements for amendments.

Tooconservative  posted on  2015-07-09   13:01:43 ET  Reply   Untrace   Trace   Private Reply  


#16. To: TooConservative (#13)

I see nothing requiring unanimity nor do I recall any other such unanimous requirements for amendments.

It's in Article V:

"Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

Vicomte13  posted on  2015-07-09   13:26:54 ET  Reply   Untrace   Trace   Private Reply  


#18. To: Vicomte13 (#16)

"Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

Just amend the Article. Given how the Court is just wiping its ass with the Constitution in recent years, how much difference would it make?

Tooconservative  posted on  2015-07-09   13:33:04 ET  Reply   Untrace   Trace   Private Reply  


#27. To: TooConservative (#18)

Just amend the Article. Given how the Court is just wiping its ass with the Constitution in recent years, how much difference would it make?

Why bother? Just do as you please and have your judges on the Federal Circuit refuse to hear the case as a political question, and the Supremes refuse to grant cert, then VOILA!, you have the authority to do as you please.

Judicial ratification is not required. Mere judicial abdication suffices.

Vicomte13  posted on  2015-07-09   14:13:46 ET  Reply   Untrace   Trace   Private Reply  


#30. To: Vicomte13 (#27)

Judicial ratification is not required. Mere judicial abdication suffices.

When the executive is feckless and the courts and Congress tolerate (or encourage) a lawless executive, nothing written in law or Constitution provides any real guarantee. The Constitution becomes pointless. Amend it, don't amend it. No difference.

Tooconservative  posted on  2015-07-09   14:28:11 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 30.

#34. To: TooConservative (#30)

When the executive is feckless and the courts and Congress tolerate (or encourage) a lawless executive, nothing written in law or Constitution provides any real guarantee. The Constitution becomes pointless. Amend it, don't amend it. No difference.

True. Look at how the war declaration clause was ignored, because the American electorate was not as interested in empire and overseas adventure as the ruling classes. So we went to war without formally declaring it. That became a precedent. And we've spent about $3.5 trillion in 2015 dollars, since 1946 - on a series of imperial wars we haven't won. Now it's a habit. Nobody cares about the war declaration clause anymore. That's $3.5 billion in DIRECT expenses. Add in the costs of operation and military retirements from a permanently expanded military maintained to have the option of war-on-demand, and the costs of permanent wounds, disability, welfare for destroyed lives, and those direct expenses probably triple.

That's the cost of ignoring the need to declare war: $10 trillion and counting, most of the national debt.

Vicomte13  posted on  2015-07-09 14:52:48 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 30.

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