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About LinkBacksI know that admendments to the Constitution have been repealed in the past. can the Bill of Rights be repealed as well?
Are they protected from repeal due to the fact that they are the Bill of Rights?
This is a discussion on can the 2nd amendment be repealed within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I know that admendments to the Constitution have been repealed in the past. can the Bill of Rights be repealed as well? Are they protected ...
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I know that admendments to the Constitution have been repealed in the past. can the Bill of Rights be repealed as well?
Are they protected from repeal due to the fact that they are the Bill of Rights?
"If I was an extremist, our founding fathers would all be extremists," he said. "Without them, we wouldn't have our independence. We'd be a disarmed British system of feudal subjectivity."
Any portion of the Constitution, including all of the amendments, is subject to change via further amendment. So, yes.
A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.
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Nope, the ammendments can and have been repealed over history many times. If memory serves me correctly it takes a 3/4ths majority of the senate to do it though.
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Can't say that I know the procedure but I can say the political likely hood is not good.
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quite possible, but i would rather not think about it
From: http://www.usconstitution.net/constam.html
The Amendment Process
There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.
The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).
The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.
Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.
It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 USC 378 [1798]):
A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.
There would be another 'civil war' before that happened...
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
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Certified Glock Armorer
NRA Life Member
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While it is very unlikely enough states would vote to ratify a repeal, it remains a slim possibility. To say it could never happen here is a mistake.
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Repeal of something as crucial as the 2nd Amendment would certainly be grounds for armed insurrection, I feel.Originally Posted by Rossman
I mean, what clearer way could the government choose to drive home the point that it thinks it is superior to the People, and that defense of our lives and our liberty is not a priority? And if that happened, what choice would we really have?
Ken, I would fight at your side in a heartbeat. Some things are worth dying for, and defense of the very ability to defend yourself is one of them.There would be another 'civil war' before that happened...
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Yep!
Join the NRA!
The Second Amendment has nothing to do with hunting. It is about keeping the government in check. This requires that the citizenry is well armed and at all times has immediate access to arms.
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Yes, it's possible.
Les Baer 45
Sig Man
N.R.A. Patron Life Member
M.C.R.G.O.
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I'm with all of you "Brothers and Sisters in Arms". That's why we have them... and that's why they are trying to take them away.
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There is no process for repeal that I know of.
However the process of interpretation by legal process exists. Thats whats going on now. And there is even precedence for amendments to restrict the interpretation process of the Supreme court from going to far.
Amendment by judicial interpretation is actually a much more common (and insidius) method of changing the constitution... And amendments can be "repealed," in as much as you can create another amendment that cancels the one you want repealed...i.e. the 18th and 21st Amendments.
A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.
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Were our Founders among us today, they would claim we have lived with grounds for armed insurrection for decades now.
-B
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