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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 The second article of amendment is hereby repealed.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 Begin Trace Mode for Comment # 190. #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. 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
#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.
#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..
#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.
#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..
#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?
#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..
#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.
#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.
#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?
#179. To: tpaine (#153)
[tpaine #153] I posted to: nolu chan,----- Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. I have not revised my answer. You asked if the 2nd Amendment could be repealed. My answer has consistently been that it could be repealed by another amendment, in the same manner that the 18th was repealed by the 21st. You did not here ask if I favored or opposed such repeal. I have not changed my mind on that either. I just not comport with the fantasy argument you have been cut and pasting for a decade. The RKBA is protected by the 2nd Amendment and the right is an individual right. The 2nd Amendment did not grant a right to anyone, but recognized a pre-existing right, inhering to the people. https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
Amendment II As the 2nd Amendment has been incorporated against the states, it applies equally to the states due to the 14th Amendment. If it were not (or before it was) incorporated, that would not confer a delegation of sovereign power to state to mess with the RKBA. The right was individual and I do not see when the people have ever chosen to delegate away their RBKA power in any state. It is not delegated away by silence in the organic law. As Jim Rob summed you up, inflicting pain is your game. You strive to be a pain in the ass and see if you can get a reaction.
To: tpaine
#180. To: nolu chan (#179) 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've gone out of your mind. Sure, I've had a lot of discussions that have frustrated people like you, misterwhite, gatlin, etc... But I have NEVER tried to have anyone banned. -- It's usually the other way around. --- As you well know.
As Jim Rob summed you up, inflicting pain is your game. You strive to be a pain in the ass and see if you can get a reaction. Whatever. -- You're repeating yourself again. --- Get some new lines...
#183. To: tpaine (#180) You've gone out of your mind. Sure, I've had a lot of discussions that have frustrated people like you, misterwhite, gatlin, etc... But I have NEVER tried to have anyone banned.
To: tpaine
#185. To: nolu chan (#183) Why are you repeatedly reposting that tired old post from JR?
Feel free, but dream on if you really imagine it proves anything...
#186. To: tpaine (#185)
Why are you repeatedly reposting that tired old post from JR? I guess you should keep reading it until it becomes clearer.
[tpaine] You've gone out of your mind. Sure, I've had a lot of discussions that have frustrated people like you, misterwhite, gatlin, etc... But I have NEVER tried to have anyone banned. Perhaps if I emphasize the obvious a bit more.
To: tpaine You poor thing. Jim Rob would not take your abuse report seriously.
#188. To: nolu chan, poor thing, uses JR for support. (#186) You poor thing. Jim Rob would not take your abuse report seriously. You poor thing, trying to imply that filing 'abuse reports' at that time on FR meant attempting to get someone banned. --- Hell, for a while there, it was the sites sport, as everyone competed to see who could get the mods to 'delete' your opponents personally offensive remarks. To my knowledge, NONE of my opponents were ever banned for anything I posted. Quite the opposite actually occurred.
#189. To: tpaine (#188) To my knowledge, NONE of my opponents were ever banned for anything I posted. Quite the opposite actually occurred.
http://www.freerepublic.com/focus/f-chat/650379/posts?page=29#29
To: Eagle Eye Damn. How many times did you have to hit the abuse button to get suspended for a week for abusing abuse?
#190. To: nolu chan, trying to prove his point by citing JR at FR (#189) To my knowledge, NONE of my opponents were ever banned for anything I posted. Quite the opposite actually occurred. And for proof, read the thread below, cited by Chan.
www.freerepublic.com/focu...t/650379/posts?page=29#29 To: Eagle Eye I understand your frustration, believe me. -- But get this: --- I was once suspended for a week for 'abusing abuse'. When abuse first came in, it was 'abused'. By a lot of us. -- I was the first to be honored to know it was to be verboten, -- at a mods discretion.] 29 posted on 3/20/2002, 6:47:15 PM by tpaine
Damn. How many times did you have to hit the abuse button to get suspended for a week for abusing abuse? If you really read the thread you would know, --- not many.. ---- At this point in my FR 'career', JR was really on my case, and working himself up to permanently banning a number of us 'disruptors'. Which he eventually did... I urge anyone to read the whole thread for context. It was a very fun time for most of us at FR ---- Except for JR and his band of sick sycophants.
Replies to Comment # 190. I urge anyone to read the whole thread for context. It was a very fun time for most of us at FR ---- Except for JR and his band of sick sycophants. http://www.freerepublic.com/focus/f-chat/650379/posts tpaine vanity whine
'Flame war' or Constitutional debate? http://www.freerepublic.com/focus/f-chat/650379/posts?page=17#17
To: tpaine http://www.freerepublic.com/focus/f-chat/650379/posts?page=24#24
To: tpaine http://www.freerepublic.com/focus/f-chat/650379/posts?page=29#29'
To: Eagle Eye Damn. How many times did you have to hit the abuse button to get suspended for a week for abusing abuse? = = = = = = = = = = A tpaine victory http://www.freerepublic.com/focus/f-chat/650379/posts?page=36#36
To: tpaine http://www.freerepublic.com/focus/f-chat/650379/posts?page=37#37
To: Sandy http://www.freerepublic.com/focus/f-chat/650379/posts?page=40#40">http://www.freerepublic.com/focus/f-chat/650379/posts?page=40#40
To: tpaine And the unanswered question remains, How many times did you have to hit the abuse button to get suspended for a week for abusing abuse? And you were obviously referring to your antics on yet some previous thread.
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