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U.S. Constitution Title: nolu chan contends an amendment to repeal the 2nd Amdt could be passed 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 The second article of amendment is hereby repealed.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? Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Comments (1-135) not displayed.
I don't think I've noted over the months I've been lurking that there are quite a few of you who too often don't.
#137. To: tpaine (#134) When you boycott nazi occupied Kookifornia, buy moving out of that shithole state, I'll agree with everything you say. Until then, you are... H Y P O C R I T I C A L and have no room to even have a constitutional opinion. I'm the infidel... Allah warned you about. كافر المسلح #138. To: tomder55 (#118) Any amendment that contradicts the text of the Constitution itself or an earlier amendment will nullify the earlier text.
Yes. The 17th amendment conflicted with a fundamental concept of the original constitutional government under which the House was the representative body of the people, elected by popular vote of the people, and the Senate was the representative body of the state governments, elected by the state legislatures. As revised, the state legislatures elect no representative to the Federal government, and the popularly elected senator may be a 20- or 30-year incumbent not representative of the majority party in the current state legislature. It's what the people chose to do.
#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? потому что Бог хочет это тот путь #140. To: Liberator (#124) And I suppose unfortunately neither can an "interpretation" *of* the Constitution by any one of nine Justices be deemed "unconstitutional." We are all held hostage by ideologues until they surrender their lifetime appointments (can Congress rescind those "lifetime appointments"? Not by the Legislature or Executive. The Court can and has reversed itself on an interpretation, but it does not hold its prior holding unconstitutional. The people can amend the Constitution. Only a majority of the justices sitting on a case can issue a holding. A lifetime appointment (during good behavior) cannot be rescinded. A justice can be impeached. A politically dominated court had a profound effect on how our government and laws came to be viewed. At the outset, the capital in the southern location of D.C. was given to the southrons. The ability of the president to appoint the Supreme Court justices had a significant and lasting effect. SCOTUS had five justices early on. Between Washington and Adams, they appointed 13 justices. That would be 13 members of the Federalist party, the last of which was CJ John Marshall. Marshall remained CJ for over 30 years. Jefferson, Madison, Monroe, and J.Q. Adams appointed members of the Dem.-Rep. party. Jackson, Van Buren, Tyler, and Polk appointed 11 straight members of the Democrat party. Jackson appointed Taney who remained CJ nearly 30 years. The driving force for congress critters today is to get reelected. The people of 435 districts vote for the guy who can deliver the pork to their district and complain about the other 434. Congress properly flexing its muscle vs. the Executive may not be popular at election time. The Prez has the bully pulpit and an endless supply of spokesholes. Delivering pork and not doing unpopular stuff works.
#141. To: tpaine (#117)
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. Of course, you must run and hide from my questions as your dingbat legal theory emanating from the tpaine court of the imagination ineluctably deems that Barack Obama and the Executive branch can lawfully ignore the laws and the Constitution and lawfully authorize open borders, grant citizenship to millions of illegal aliens, and naturalize illegal aliens. I answered your question. Why must you hide from mine? Man up. Answer how your version of the law applies to Obama or how it selectively applies only according to your whims.
#142. To: tpaine, redleghunter (#116)
I contend that an attempt to amend away our enumerated basic human rights would violate the basic principles inherent in our constitution, -- and therefore would be unconstitutional. /sarc. The entire Constitution is unconstitutional, and null and void, as it was proposed and ratified in violation of then existing organic law, the Articles of Confederation. Article 13 clearly and explicitly stated:
Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State. The Constitution was proposed to be effective upon the ratification of NINE states. The new constitutional government was formed and George Washington was inaugurated as its new President, after the ratification by ELEVEN states. See:
The Congressional Register; or History of the Proceedings and Debates of the First House of Representatives of the United States of America; Namely, New-Hampshire, Massachusetts, Connecticut, New-York, New-Jersey, Pennsyvania, Delaware, Maryland, Virginia, South-Carolina, and Georgia. North Carolina and Rhode Island had not ratified.
Congressional Register Volume 1, aka Lloyd's Debates (1789) By what lawful authority or power was the "perpetual union" under the Articles of Confederation destroyed, and a new union of ELEVEN states formed? How could any alteration lawfully be done when the Articles provide that they will be inviolably observed by every state, and no alteration could be made unless confirmed by the legislature of every state? How was the Bill of Rights passed through Congress with only ELEVEN states in the union? Is the Constitution unlawful, null and void? If not, why not?
#143. To: nolu chan (#138) It's what the people chose to do. The Senate was the construct of the Connecticut compromise ;one of many such compromises that united the 13 states into a Federal Republic. I personally think we had some great statesmen in the Senate in the 19th century . But the people thought there was a legitimate reason for changing it. The principle argument was that state legislatures selecting led to corruption. But how can we say today that the current system is any less corrupt? We went from pols being corrupt to pols being corrupt AND states losing their representation in the Federal Government . So if you are asking me if I'd be in favor of a repeal amendment .My answer would be yes . Quis custodiet ipsos custodes? #144. To: nolu chan (#143) (Edited) then again ,the legislature of my state ;NY ,is one of the most dysfunctional ,and corrupt in the nation. then again ,the people of my state are pretty wacked too. Quis custodiet ipsos custodes? #145. To: tomder55 (#143) So if you are asking me if I'd be in favor of a repeal amendment .My answer would be yes . I was not really asking, but observing that an amendment can be odds with the existing system and take away the representation of state governments. The people have the power, whether the exercise of it was wise is debatable. The Framers had some wisdom in the room, and they may have had it right.
#146. To: nolu chan (#141) I answered your question. Yep, you answered the question that lead to this thread. Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. - - Fine.. Here's another: ---
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)
Man up. Answer how your version of the law applies to Obama or how it selectively applies only according to your whims. I do not ineluctably deem that Barack Obama and the Executive branch can lawfully ignore the laws and the Constitution and lawfully authorize open borders, grant citizenship to millions of illegal aliens, and naturalize illegal aliens. Your turn, -- answer mine.
#147. To: tpaine (#146)
Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. Well, bless your heart. I can see how desperate you are to see what else I have written on the right to keep and bear arms, but you seem to be too incompetent to read any of that and must rely on assertions spewed from your imagination. Here, read about the right to keep and bear arms. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=40004&Disp=25#C25
#25. To: misterwhite (#24)
#148. To: nolu chan, tpaine (#147) Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. Nolu chan never said that. He just said it was possible to do under the wording of the constitution.
#149. To: tpaine (#146) [tpaine #117] And I read your example, and observed that it seemed you advocated the power of the people to pass such an unconstitutional act..
[tpaine #146] Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. You have been taking this same verbal dump on the internet for at least 8 years. Here is my answer to you from 8 years ago. http://libertypost.org/cgi-bin/readart.cgi?ArtNum=204789&Disp=All&#C99 nolu chan to tpaine. tpaine's #86 was also addressed to robertpaulsen.
#99. To: tpaine (#86)
#150. To: tpaine (#146)
[tpaine #146] Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. Seek psychiatric help. You have been acting like yukon now for at least 8 years. http://libertypost.org/cgi-bin/readart.cgi?ArtNum=204789&Disp=100#C100
#100. To: roberpaulsen, nolu chan (#95) http://libertypost.org/cgi-bin/readart.cgi?ArtNum=204789&Disp=104#C104
#104. To: tpaine (#101)
#151. To: tpaine, A K A Stone, Liberator, redleghunter, nativist nationalist (#134) And typically, like gatlin and grandisland, they quit when challenged. - Pitiful little people.. And then (just like clockwork) yukon comes running to their rescue!! LOL. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#152. To: CZ82 (#151) And then (just like clockwork) yukon comes running to their rescue!! LOL.
#153. To: A K A Stone, nolu chan, Y'ALL (#148) I posted to: nolu chan,----- Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd.
AKA Stone --- nolu chan never said that. He just said it was possible to do under the wording of the constitution. Here's what Chan posted about that subject: --
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.
Now I have no idea WHY my remark above raised such a hissy fit, -- but obviously, that is what Chan posted. As I said before, this discussion is getting bizarro. Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue?
#154. To: tpaine (#153) Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue? Because man-made documents, such as Amendments may be changed at any tyme. They are not permanent structures in America or anywhere on this planet.
#155. To: nolu chan (#147) Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd.
Well, bless your heart. I can see how desperate you are to see what else I have written on the right to keep and bear arms, but you seem to be too incompetent to read any of that and must rely on assertions spewed from your imagination. Here, read about the right to keep and bear arms. libertysflame.com/cgi-bin/readart.cgi? http://ArtNum=40004&Disp=25#C25">libertysflame.com/cgi-bin...? ArtNum=40004&Disp=25#C25
Well bless your heart too. Thanks for the link to that old thread, as it proves my point completely.. You gave up the discussion shortly after the excerpts you just posted because you couldn't refute my answers. --- I urge anyone here to read the complete thread to verify.
#156. To: buckeroo (#154) Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue?
Because --- That is not an answer..
--- man-made documents, such as Amendments may be changed at any tyme. They are not permanent structures in America or anywhere on this planet.
Thanks for your comment, Capt Obvious..
#157. To: tpaine (#156) You are welcome. So depite your belief that documents are designed to be permanent fixtures of institutions built by men, ant man or group may change them at any tyme.
#158. To: buckeroo, y'all (#157) So depite your belief that documents are designed to be permanent fixtures of institutions built by men, ant man or group may change them at any tyme. Not at all. The Constitution is a document designed to be a permanent protection for our inalienable rights within a republican form of government. Naturally, some aspects of it can be changed at any time, but changing its basic principles would be unconstitutional and render null & void the proposed changes.
#159. To: tpaine (#158) The Constitution is a document designed to be a permanent protection for our inalienable rights within a republican form of government. So, in your opinion, the US Constitution is "immutable" or "unchangeable" ... where does any document suggest that whether within or without the US Constitution?
#160. To: buckeroo (#159) The Constitution is a document designed to be a permanent protection for our inalienable rights within a republican form of government.
... where does any document suggest that whether within or without the US Constitution?
The declaration of independence is the document that suggests that principle.
#161. To: tpaine (#160) The Constitution is a document designed to be a permanent protection for our inalienable rights within a republican form of government. Nope.
The declaration of independence is the document that suggests that principle [suggests permanency]. Nope. You can't even find permanent interpretations of GOD in any man-made document or otherwise: called the Bible, Koran, etc.
#162. To: buckeroo, y'all, gatlin (#161) You can't even find permanent interpretations of GOD in any man-made document or otherwise: called the Bible, Koran, etc. Whatever.. Why don't you direct your energies to harassing gatlin? -- Your pretty good at that..
#163. To: tpaine (#162) In this case, tpaine, you are ripe for ridicule, on your own thread, for considering that the documents formulating the foundations of the US Constitution or even the US Government are sacrosanct.
#164. To: buckeroo (#163) ---sacrosanct --- Hyperbole anyone? Whoever suggested that they were sacrosanct?
#165. To: Kluane, aka yu-klown, tpaine, CZ82, Deckard (#136) (I don't think) Don't you mean...years, yu-klown? Are you out of rehab already? Your boring style is unmistakable. The partial excerpt...the insult -- trademark yu-klown. I guess you ditched the old-new scriptural citing :-( Kluane National Park and Reserve are two units of Canada's national park system, located in the extreme southwestern corner of Yukon, Canada. Lol...
#166. To: tpaine (#164) Then, you know that all documents can be changed including the Bill of Rights irrespective of origininal intentions.
#167. To: Liberator (#165) Kluane National Park and Reserve are two units of Canada's national park system, located in the extreme southwestern corner of Yukon, Canada. Good catch, lib.
#168. To: buckeroo (#167) ;-)
#169. To: Gatlin (#152) I have a sneaking suspicion he won't be here long “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#170. To: CZ82 (#169) (Edited) That he is still on everyone's mind and bugs the Hell out of them with the mere mention of his name...
#171. To: Liberator (#165) is unmistakable. Yea he's as unmistakeable as a dose of the screaming schitts. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#172. To: Gatlin (#170) I think the correct analogy would be "amuses the hell out of them". “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#173. To: Liberator, tpaine (#165) Kluane National Park and Reserve are two units of Canada's national park system, located in the extreme southwestern corner of Yukon, Canada. You forgot the one where he named himself after a rodent, be he only lasted a few days that time. Kinda reminds you of Gatlin's other pal Mojave/Palmdale, naming himself after things in S. Calif. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#174. To: CZ82 (#172) Some people do have a morbid sense of humor to feed their abnormally that is susceptible to being characterized by gloomy or unwholesome feelings….they are often referred to as “Sickos.” We seen to have a goodly number of those around here.
#175. To: tpaine (#155) [tpaine] Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. And then there is Jim Rob's summation of tpaine as "inflicting pain is your game."
To: tpaine Your game has not changed in over 10 years. You spout utter nonsense and attempt to frustrate others until a flame war erupts. Then you try to report someone and have them banned. You are one sick puppy.
To: tpaine
#176. To: tpaine, buckeroo (#160)
The Constitution is a document designed to be a permanent protection for our inalienable rights within a republican form of government. My #142 documented that the Articles of Confederation not only suggested permanancy but explicitly stated it was permanent. All member states agreed to observes the articles. Article 13 expressly stated that no alteration could be made without the consent of every state legislature. And yet, the Framers had a meeting, proposed an entirely new form of government, stated that it would be effective unpon ratification of 9 of the 13 states, and a new government was formed, and Washington was inaugurated upon an election with 10 states participating, and with 2 states having not ratified and, therefore, not being part of the new union when the new government took effect. I asked,
By what lawful authority or power was the "perpetual union" under the Articles of Confederation destroyed, and a new union of ELEVEN states formed? C-R-I-C-K-E-T-S The Constitution binds the Federal government and the State governments. It does not bind the sovereign power that made it. One generation cannot bind another, for all time. When acting as the sovereign (as opposed to citizens), the people are always free to change their form of government to one more of their liking. It is what explains the power to change the Articles of Confederation, dissolve that perpetual union, and not only alter but abolish it, without having the approval of every state. Otherwise, the adoption of the Constitution itself was an unlawful act.
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