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If the 2nd A was constitutionally repealed… Part II
- Thread starter Salty
- Start date
canadyjd
Well-Known Member
I really don’t know how to link to article 5, if someone does, please link for debate.
I read it, it seems to prohibit repeal of 1st and 4th amendment, not the first 10 of the bill of rights as stated.
If I’m reading it correctly, the 2ndA could be repealed.
peace to you
I read it, it seems to prohibit repeal of 1st and 4th amendment, not the first 10 of the bill of rights as stated.
If I’m reading it correctly, the 2ndA could be repealed.
peace to you
Article Five of the United States Constitution - Wikipedia
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.[3]
The passage is NOT talking about the 1st or 4th amendment - it is talking about the first and fourth CLAUSES of section 9 -.... (bold my emphsis).
Section 9:
Section 9: Limits on Federal power[edit]
The ninth section of Article One places limits on federal powers, including those of Congress:[81][82]
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of attainder or Ex post facto law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Link for Article I: Article One of the United States Constitution - Wikipedia
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.[3]
The passage is NOT talking about the 1st or 4th amendment - it is talking about the first and fourth CLAUSES of section 9 -.... (bold my emphsis).
Section 9:
Section 9: Limits on Federal power[edit]
The ninth section of Article One places limits on federal powers, including those of Congress:[81][82]
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of attainder or Ex post facto law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Link for Article I: Article One of the United States Constitution - Wikipedia
canadyjd
Well-Known Member
Thank you, I stand corrected. The 1st and 4th “clause” mentioned has nothing to do o do with amending the 2nd A?
So, if this process is followed, any amendment can be repealed?
peace to you
Yes
It has occurred once, nearly 90 years ago, when prohibition was repealed. Those who would repeal 2A and then eliminate private ownership of firearms have forgotten (or don't care about) the nasty lessons learned while prohibition was in effect.
I've not parsed the Constitution to see if the 10 amendments in the Bill of Rights are subject to any different processes than are the later amendments. My guess is that all amendments are equal when it comes to repeal, but would be interested if anyone can show elsewise.
They are all equal in regard to appeal, but some of the amendments in the Bill of Rights, such as the First Amendment (freedom of religious | political | viewpoint expression), Fourth Amendment (right to privacy, including searches and seizures), and Fifth Amendment (due process and freedom from self-incrimination) are so foundational that repealing those amendments would collapse our entire legal and social framework.
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Both the 1st and 4th amendments include the phrase "the right of the people". Of the other 8 amendments in the B.O.R., only the 2nd includes that phrase. Since my "law degree" was in forest management 
, I don't know the importance of that phrase, compared to amendments where it is lacking.
, I don't know the importance of that phrase, compared to amendments where it is lacking.