Yesterday, I heard an argument that I was not aware of. Basically the individual claimed that one could not legally amend the United States Constitution so that it changed or repealed any of the current Amendments in the first ten - the Bill of Rights.
Here is Article V of the Constitution which has all the language from that document about the amendment process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; 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.
The specific part of the Constitution in question was the Second Amendment.
It is my contention that there is nothing in the Constitution which would prohibit any amendment changing the Second - or any other Amendment for that matter. Legally, it could be done.
It is my position that politically, it would be impossible to do so at this time and there simply is not any political will to do this.
Putting aside the already mentioned practical political considerations making it impossible to actually get such an amendment passed, is it legally possible to amend the Constitution changing or outright repealing anything contained within it including the Second or any other existing Amendment?
You forget that the 2 amendment was said could not be infringed it is the only one that says it could not be infringed all the others are free game to admendment except this one .
But if the right is removed through the legal process of Amendment, there is then nothing to be infringed upon.
Yes, they can be amended. But amending the Constitution is VERY difficult, as it should be. And amending one of the first 10 would be damn near impossible. Instead those rights will be eroded through more subtle means.
Yesterday, I heard an argument that I was not aware of. Basically the individual claimed that one could not legally amend the United States Constitution so that it changed or repealed any of the current Amendments in the first ten - the Bill of Rights.
Here is Article V of the Constitution which has all the language from that document about the amendment process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; 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.
The specific part of the Constitution in question was the Second Amendment.
It is my contention that there is nothing in the Constitution which would prohibit any amendment changing the Second - or any other Amendment for that matter. Legally, it could be done.
It is my position that politically, it would be impossible to do so at this time and there simply is not any political will to do this.
Putting aside the already mentioned practical political considerations making it impossible to actually get such an amendment passed, is it legally possible to amend the Constitution changing or outright repealing anything contained within it including the Second or any other existing Amendment?
So if the goverment can do that then isent our other rights in total jepordy is that what you want .... so sorry cant talk bad about the goverment thet took that right away . Although that is a verry intresting point and I think you are right but do you really think that would happen . It says it can not be infringed but taken it awat would be infringing that right .
Yes, of course any of the bill of rights could be amended through the amendment process.
Yesterday, I heard an argument that I was not aware of. Basically the individual claimed that one could not legally amend the United States Constitution so that it changed or repealed any of the current Amendments in the first ten - the Bill of Rights.
Here is Article V of the Constitution which has all the language from that document about the amendment process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; 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.
The specific part of the Constitution in question was the Second Amendment.
It is my contention that there is nothing in the Constitution which would prohibit any amendment changing the Second - or any other Amendment for that matter. Legally, it could be done.
It is my position that politically, it would be impossible to do so at this time and there simply is not any political will to do this.
Putting aside the already mentioned practical political considerations making it impossible to actually get such an amendment passed, is it legally possible to amend the Constitution changing or outright repealing anything contained within it including the Second or any other existing Amendment?
And now we see the discussions start about repealing the 2nd amendment, despite gun control folks trying to convince us that they aren't really interested in taking away the right to own a gun.
Legally permissible but politically impossible. Not that it matters, since our legislature has no respect for our Constitution and our judiciary has no courage to enforce it.
Can you legally Amend the Bill of Rights?
No, I cannot. The procedure for amending the Constitution is quoted in the OP, it takes much more than just one person to do it. Neither I, nor anyone else can unilaterally amend the Constitution, legally or otherwise.
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