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SkyChief
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Its Time To Repeal The Second Amendment...
Mar 30th, 2018 at 8:37pm
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...according to Retired Supreme Court Justice John Paul Stevens. 

Stevens argues that to break the National Rifle Association’s grip on the political process, we must first break the grip it obtained on the Constitution via the Second Amendment. Repeal it, and the NRA has nothing to stand on. 

Fortunately (for law-abiding gun owners), Stevens apparently hasn't the slightest clue about what is required to repeal the 2nd. Or any Amendment, for that matter. 

Repealing the amendment would have to either be approved by 2/3 of both chambers of Congress and then ratified by 2/3 of the states, or 2/3 of the states would have to independently call for a Constitutional Convention.

Stevens would be wiser to propose a National assault-weapon ban.  California did it with no problem.   Of course, if Washington tried it, it would have to pass muster in SCOTUS.  This might be difficult with the current roster of jurists, but if they could somehow replace Kennedy, Thomas and Roberts,  they would be able to ignore the last half of the amendment - the part that says:

"the right of the people to keep and bear arms shall not be infringed."

And they could start banning whatever weapons they wanted!!   Cheesy

But for now, the 2nd Amendment is safe, and not subject to interpretation snafus. 

"Shall Not Be Infringed" means exactly that.  (unless you're a moonbat, then nothing in the Bill of Rights makes any sense).
  
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SnarkySack
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Re: Its Time To Repeal The Second Amendment...
Reply #1 - Mar 30th, 2018 at 10:24pm
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SkyChief wrote on Mar 30th, 2018 at 8:37pm:
...according to Retired Supreme Court Justice John Paul Stevens. 

Stevens argues that to break the National Rifle Association’s grip on the political process, we must first break the grip it obtained on the Constitution via the Second Amendment. Repeal it, and the NRA has nothing to stand on. 

Fortunately (for law-abiding gun owners), Stevens apparently hasn't the slightest clue about what is required to repeal the 2nd. Or any Amendment, for that matter. 

Repealing the amendment would have to either be approved by 2/3 of both chambers of Congress and then ratified by 2/3 of the states, or 2/3 of the states would have to independently call for a Constitutional Convention.

Stevens would be wiser to propose a National assault-weapon ban.  California did it with no problem.   Of course, if Washington tried it, it would have to pass muster in SCOTUS.  This might be difficult with the current roster of jurists, but if they could somehow replace Kennedy, Thomas and Roberts,  they would be able to ignore the last half of the amendment - the part that says:

"the right of the people to keep and bear arms shall not be infringed."

And they could start banning whatever weapons they wanted!!   Cheesy

But for now, the 2nd Amendment is safe, and not subject to interpretation snafus. 

"Shall Not Be Infringed" means exactly that.  (unless you're a moonbat, then nothing in the Bill of Rights makes any sense).



The second amendment is about nothing more than militias.  It says so.  Militias don't exist anymore so the second amendment is as useless as an amendment protecting buggy whips.

The right to bear arms is a natural right, not a constitutional right.

  

I used to be burnsred . . .
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SkyChief
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Re: Its Time To Repeal The Second Amendment...
Reply #2 - Mar 31st, 2018 at 2:31am
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SnarkySack wrote on Mar 30th, 2018 at 10:24pm:
The second amendment is about nothing more than militias.  It says so.  Militias don't exist anymore so the second amendment is as useless as an amendment protecting buggy whips.

The Supreme Court has ruled that the 2nd Amendment confers an individual right to possess a firearm. Their ruling has stood for many years.  If the 2nd Amendment is so "useless", Why doesn't Dianne Feinstein and her moonbat minions (Cornyn, Schumer, et. al.) just ban them and be done with it?
  
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Jeff
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Re: Its Time To Repeal The Second Amendment...
Reply #3 - Mar 31st, 2018 at 8:14am
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The entire Bill of Rights was a mistake.

Why forbid specific things when the government is given no power to do those things?


Federalist No. 84: Hamilton
           "I go further and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution but would even be dangerous. They would contain various exceptions to powers which are not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?"

Their is no need to protect the natural Right of self-defense from the power of the federal government, because that government is granted no power to abridge or deny that Right.
  
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SnarkySack
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Re: Its Time To Repeal The Second Amendment...
Reply #4 - Mar 31st, 2018 at 9:57am
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SkyChief wrote on Mar 31st, 2018 at 2:31am:
The Supreme Court has ruled that the 2nd Amendment confers an individual right to possess a firearm. Their ruling has stood for many years.  If the 2nd Amendment is so "useless", Why doesn't Dianne Feinstein and her moonbat minions (Cornyn, Schumer, et. al.) just ban them and be done with it? 


Because there are too many voters who would be galvanized to get rid of them if they did, plus a powerful gun lobby that would fund their opponents.

If the second amendment were being honored, any member of a well-regulated militia would be allowed to possess weapons of any kind, especially military weapons since those are the kind of weapons suitable for a militia.

What is happening is compromise.  We are being "allowed" to have semi-auto rifles, shotguns and handguns but we are not "allowed" to have auto rifles, grenades, rockets, etc.  Because there is less political outrage at banning those things for civilian use than their would be for banning rifles, shotguns and pistols.

The constitution isn't doing much except serving as a guide for the elections process.  Even with that, it is only honored when it goes smoothly.  In 2000, the constitution's guide for how to determine the disposition of a states electoral votes was ignored in favor of the courts once again taking charge of the process.

The constitution is always subject to interpretation by lawyers who view its wording as a start point for litigation, not as the sacred text that conservatives and conservative leaning liberatarians want it to be.

  

I used to be burnsred . . .
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SkyChief
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Re: Its Time To Repeal The Second Amendment...
Reply #5 - Mar 31st, 2018 at 12:06pm
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Jeff wrote on Mar 31st, 2018 at 8:14am:
The entire Bill of Rights was a mistake...

Their is no need to protect the natural Right of self-defense from the power of the federal government, because that government is granted no power to abridge or deny that Right.

That's a very good synopsis, Billie. 

So you're saying that even if the Gunophobes managed to repeal the 2nd Amendment, they still couldn't confiscate our guns?
  
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Sicklers Dink
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Re: Its Time To Repeal The Second Amendment...
Reply #6 - Mar 31st, 2018 at 12:17pm
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You gungoons have nothing to worry about as long as your politicians are afraid of the NRA.

Supporting that is a small compromise of libertarian principles compared to the joy you get out of hearing about school slaughters of innocent children.

You 'will' change your tune if it's one of your own that's blown away, but your odds aren't all that bad so far of being lucky.
  
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SkyChief
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Re: Its Time To Repeal The Second Amendment...
Reply #7 - Mar 31st, 2018 at 12:38pm
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SnarkySack wrote on Mar 31st, 2018 at 9:57am:
The constitution is always subject to interpretation by lawyers who view its wording as a start point for litigation, not as the sacred text that conservatives and conservative leaning liberatarians want it to be.

Another good synopsis.    Smiley

How sad, the Constitution died and we never thought to give it a Memorial Service.  Cry
  
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Sicklers Dink
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Re: Its Time To Repeal The Second Amendment...
Reply #8 - Mar 31st, 2018 at 1:02pm
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Quote:
"No government, any more than an individual, will long be respected without being truly respectable;"  - James Madison


Madison predicted the constitution would die. The 2nd. amendment must die too because it's upheld by blackmail and corrupt payoffs of the NRA.

Over 80% of the people want meaningful change in order to stop the slaughter. It's not even debatable!

Madison gave no indication how long, 'long' would be. But he did get it right in some sense because he said that corrupt government was doomed. There's nothing more corrupt about government that is controlled by a mere 20% or less.
  
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SkyChief
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Re: Its Time To Repeal The Second Amendment...
Reply #9 - Mar 31st, 2018 at 1:20pm
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Sicklers Dink wrote on Mar 31st, 2018 at 1:02pm:
There's nothing more corrupt about government that is controlled by a mere 20% or less.

Over 80% of the people want meaningful change in order to stop the slaughter. It's not even debatable!

Irrelevant.  The government was never granted the power to ban guns. They connot pass laws which violate our right to keep and bear arms.  The Supreme Court has already ruled on this.

With the Supreme Court as is, there's no way that ruling will change.  Now, if the gunophobes can somehow boot Justices Kennedy, Thomas and Roberts, they might be able to overturn the ruling which stands.

Gun confiscation is out of the question.   Cry   For now, anyway.


  
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