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Here Are Receipts" Status: Not Logged In; Sign In U.S. Constitution See other U.S. Constitution Articles Title: nolu chan contends an amendment to repeal the 2nd Amdt could be passed Source: LF URL Source: [None] Published: Jul 9, 2015 Author: tpaine Post Date: 2015-07-09 10:39:45 by tpaine Keywords: None Views: 91235 Comments: 255 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 The second article of amendment is hereby repealed.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 # 110. #3. To: tpaine (#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. I contend such an amendment would be unconstitutional. Comments? Nolu Chan is legally correct. Through the amendment process the Constitution can be amended to say anything, except removing equal representation in the Senate. THAT requires unanimity of the states. The Constitution could be amended to require the sacrifice of first-born children. And if the sufficient majorities were found to vote for that, it would be "constitutional". Of course, then treason, and seeking the overthrow and destruction of the Constitution, and supporting foreign invasion and annihilation of the American government, would be the only morally correct thing to do. The Constitution does not guarantee MORAL content. The people have to do that. If the people become depraved and enact depraved laws, then "all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed". America was always depraved. First there was slavery, then there was Indian genocide and segregation. Those things ended, but now we have abortion and the glorification of buggery. Most people think that those evils - slavery, segregation, abortion, gay marriage - are "sufferable evils" and don't rebel. And that would be the case with the Second Amendment abolition also, were it to pass. (Truth is, it could not pass in the current environment). Mandatory sacrifice of firstborn children would be bad enough to justify treason, and would swiftly result in its outbreak. Traitors who win are called "Founding Fathers" of the new order they usher in. Vicomte13  posted on  2015-07-09   10:49:50 ET  Reply   Untrace   Trace   Private Reply   #5. To: Vicomte13, tomder 55, gatlin (#3) The Constitution could be amended to require the sacrifice of first-born children. And if the sufficient majorities were found to vote for that, it would be "constitutional". Of course, then treason, and seeking the overthrow and destruction of the Constitution, and supporting foreign invasion and annihilation of the American government, would be the only morally correct thing to do. You all contend that our only recourse from a majority passing amendments that take away our basic human rights is violence? - 'Treasonous' violence? - Civil war? tpaine  posted on  2015-07-09   11:10:48 ET  Reply   Untrace   Trace   Private Reply   #12. To: tpaine, Vicomte13, tomder 55, Y'ALL (#5) You all contend that our only recourse from a majority passing amendments that take away our basic human rights is violence? - 'Treasonous' violence? - Civil war? Let's flip this; What is YOUR solution to reclaiming the constitution and re-establishing the Founders' REAL intent?? Liberator  posted on  2015-07-09   13:01:13 ET  Reply   Untrace   Trace   Private Reply   #40. To: Liberator (#12) 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? Yes, I have a comment (or two.) --- Chan is only the bearer of bad (obvious) news. Don't kill the messenger. No, Chan insists that the SCOTUS has the power to rule such an amendment valid, and that it must be obeyed.. He advocates SCOTUS as having the final say on what the Constitution means... "Unconstitutional" is now in the eye of the beholder of nine justices of SCOTUS. Not so. Every official at every level of gov't is honor bound to protect and defend the Constitution as written, not as interpreted by the 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. SCOTUS opinions can be ignored on constitutional grounds and officials can refuse to implement/fund any attempts at forcement. 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.... Yep, just as 'we' can ignore scotus.. The concept of 'checks and balances' is built into our Constitution.. tpaine  posted on  2015-07-09   16:00:19 ET  Reply   Untrace   Trace   Private Reply   #110. To: tpaine, Liberator (#40) tpaine #40: "SCOTUS opinions can be ignored on constitutional grounds and officials can refuse to implement/fund any attempts at forcement." "Yep, just as 'we' can ignore scotus.." Yep, ignore SCOTUS and focus on the tpaine court of the imagination, in your imaginary world. http://www.supremecourt.gov/about/constitutional.aspx U.S. Supreme Court website: The Court and Constitutional Interpretation When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken. - - - - - US v McDonald, 9th Cir 88-5239, 919 F.2d 146 (26 Nov 1990) Stahl argues that the sixteenth amendment was never ratified by the requisite number of states because of clerical errors in the ratifying resolutions of the various state legislatures and other errors in the ratification process. He further argues that Secretary of State Knox committed fraud by certifying the adoption of the amendment despite these alleged errors. Secretary of State Knox certified that the sixteenth amendment had been ratified by the legislatures of thirty-eight states, two more than the thirty-six then required for ratification. His certification of the adoption of the amendment was made pursuant to Section 205 of the Revised Statutes of the United States which provided: Whenever official notice is received at the Department of State that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Secretary of State shall forthwith cause the amendment to be published in the newspapers authorized to promulgate the laws, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. Act of April 20, 1818, ch. 80, Sec. 2, Rev.Stat. Sec. 205 (2d ed. 1878) (amended version codified at 5 U.S.C. § 160 (1940) (repealed Oct. 31, 1951); current version, as amended, at 1 U.S.C. § 106b (Supp. II 1984)). Secretary of State Knox's certification of the adoption of the sixteenth amendment is conclusive upon the courts. United States v. Thomas, 788 F.2d 1250, 1253-54 (7th Cir. 1986); see also Leser v. Garnett, 258 U.S. 130, 137, 42 S. Ct. 217, 218, 66 L. Ed. 505 (1922). In Leser suit was brought to strike the names of two women from the list of qualified voters in Maryland on the ground that the constitution of Maryland limited suffrage to men. Maryland had refused to ratify the Nineteenth Amendment. The necessary minimum of thirty-six states had ratified the amendment. The Secretary of State of the United States had certified its adoption. It was contended, however, that the ratifying resolutions of Tennessee and West Virginia, two of the states that had ratified the amendment, were inoperative because the resolutions of those states had been adopted in violation of their rules of legislative procedure. In answer to that contention the Court ruled: The proclamation by the Secretary certified that from official documents on file in the Department of State it appeared that the proposed Amendment was ratified by the legislatures of thirty-six States, and that it "has become valid to all intents and purposes as a part of the Constitution of the United States." As the legislatures of Tennessee and of West Virginia had power to adopt the resolutions of ratification, official notice to the Secretary, duly authenticated, that they had done so was conclusive upon him, and, being certified to by his proclamation, is conclusive upon the courts. United States v. Stahl, 792 F.2d 1438, 1439 (9th Cir. 1986) - - - - - nolu chan  posted on  2015-07-10   2:28:13 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 110.         There are no replies to Comment # 110. End Trace Mode for Comment # 110. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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