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Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report Israel kills head of Hezbollah Intelligence. 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: 79391 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 The second article of amendment is hereby repealed.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 # 156. #9. To: tpaine, nolu chan (#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? Yes, I have a comment (or two.) Chan is only the bearer of bad (obvious) news. Don't kill the messenger. "Unconstitutional" is now in the eye of the beholder of nine justices of 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. 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....In other words: "It's dead, Jim." that SCOTUS Liberator  posted on  2015-07-09   12:57:58 ET  Reply   Untrace   Trace   Private Reply   #87. To: Liberator, tpaine (#9) Chan is only the bearer of bad (obvious) news. Don't kill the messenger. He asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" [emphasis added] I replied with an example of such an Amendment and asked how it could be struck down. I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it. I would advocate for an amendment strengthening the RKBA and 2nd Amdt. What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it. nolu chan  posted on  2015-07-09   22:03:41 ET  Reply   Untrace   Trace   Private Reply   #94. To: nolu chan (#87) I asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" [emphasis added] I replied with an example of such an Amendment and asked how it could be struck down. ---- I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it. And I read your example, and observed that it seemed you advocated the power of the people to pass such an unconstitutional act.. I would advocate for an amendment strengthening the RKBA and 2nd Amdt. -- What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it. It's unfortunate you didn't revise your comments over on the other thread, isn't it.. tpaine  posted on  2015-07-09   22:19:56 ET  Reply   Untrace   Trace   Private Reply   #98. To: tpaine (#94) It's unfortunate you didn't revise your comments over on the other thread, isn't it.. No. It led you to make an ass of yourself. nolu chan  posted on  2015-07-09   22:53:16 ET  Reply   Untrace   Trace   Private Reply   #101. To: nolu chan (#98) It's unfortunate you didn't revise your comments over on the other thread, isn't it.. No. It led you to make an ass of yourself. Sigh, another silly, uncalled for pejorative flame.. -- Very unprofessional for a guy trying to pass himself off as one.. tpaine  posted on  2015-07-09   23:01:42 ET  Reply   Untrace   Trace   Private Reply   #109. To: tpaine (#101) It's unfortunate you didn't revise your comments over on the other thread, isn't it.. Of course, I have no need to revise my comments. You asked "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns? " I correctly affirmed that such an amendment could be passed. I answered the question you asked. Your arguments, if tried in court, would result in Rule 11 sanctions. "There is no room for a pure heart, empty head defense under Rule 11." First Nat. Bank and Trust Co. of Vinita v. Kissee (1993), 1993 OK 96, 859 P.2d 502 Does Obama enjoy the power you espouse to ignore the Court and the laws? Does his interpretation of the Constitution and the laws supplant that of the Court for the Executive branch? Can Barack Obama lawfully deem that he is not required to comply with the immigration laws and can permit open borders, and take no action on illegal immigration? Can Obama lawfully deem 12-million illegal aliens to be citizens? Can Obama lawfully deem he can authorize the naturalization of an illegal alien? nolu chan  posted on  2015-07-10   2:16:24 ET  Reply   Untrace   Trace   Private Reply   #117. To: nolu chan, gatlin, Y'ALL (#109) I asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" I replied with an example of such an Amendment and asked how it could be struck down. ---- I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it. And I read your example, and observed that it seemed you advocated the power of the people to pass such an unconstitutional act.. I would advocate for an amendment strengthening the RKBA and 2nd Amdt. -- What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it. It's unfortunate you didn't revise your comments over on the other thread, isn't it.. Of course, I have no need to revise my comments. You asked "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns? " I correctly affirmed that such an amendment could be passed. I answered the question you asked. You affirmed such a power, and provided an example of how such an amendment could be worded. You did not indicate that you would not advocate the power to so amend. It's unfortunate you didn't post that revision. Your arguments, if tried in court, would result in Rule 11 sanctions. --- "There is no room for a pure heart, empty head defense under Rule 11." First Nat. Bank and Trust Co. of Vinita v. Kissee (1993), 1993 OK 96, 859 P.2d 502>> Well, we're not in court, but I do have a pure heart. As for empty heads, I suggest you address gatlin, our empty head expert.. tpaine  posted on  2015-07-10   11:41:56 ET  Reply   Untrace   Trace   Private Reply   #141. To: tpaine (#117) Of course, I have no need to revise my comments. You asked "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns? " I correctly affirmed that such an amendment could be passed. I answered the question you asked. Your arguments, if tried in court, would result in Rule 11 sanctions. "There is no room for a pure heart, empty head defense under Rule 11." First Nat. Bank and Trust Co. of Vinita v. Kissee (1993), 1993 OK 96, 859 P.2d 502 Does Obama enjoy the power you espouse to ignore the Court and the laws? Does his interpretation of the Constitution and the laws supplant that of the Court for the Executive branch? Can Barack Obama lawfully deem that he is not required to comply with the immigration laws and can permit open borders, and take no action on illegal immigration? Can Obama lawfully deem 12-million illegal aliens to be citizens? Can Obama lawfully deem he can authorize the naturalization of an illegal alien? Of course, you must run and hide from my questions as your dingbat legal theory emanating from the tpaine court of the imagination ineluctably deems that Barack Obama and the Executive branch can lawfully ignore the laws and the Constitution and lawfully authorize open borders, grant citizenship to millions of illegal aliens, and naturalize illegal aliens. I answered your question. Why must you hide from mine? Man up. Answer how your version of the law applies to Obama or how it selectively applies only according to your whims. nolu chan  posted on  2015-07-10   19:50:07 ET  Reply   Untrace   Trace   Private Reply   #146. To: nolu chan (#141) I answered your question. Yep, you answered the question that lead to this thread. Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. - - Fine.. Here's another: --- Why do 'most' of you WANT to give that power to a moralistic super majority, -- like the tea-totaling idiots that prohibited booze? To date, no one on this forum, LP, or FR, has ever been able to explain why such majority rule would be desirable. (In a Constitutional sense) Man up. Answer how your version of the law applies to Obama or how it selectively applies only according to your whims. I do not ineluctably deem that Barack Obama and the Executive branch can lawfully ignore the laws and the Constitution and lawfully authorize open borders, grant citizenship to millions of illegal aliens, and naturalize illegal aliens. Your turn, -- answer mine. tpaine  posted on  2015-07-10   21:37:06 ET  Reply   Untrace   Trace   Private Reply   #147. To: tpaine (#146) Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. Well, bless your heart. I can see how desperate you are to see what else I have written on the right to keep and bear arms, but you seem to be too incompetent to read any of that and must rely on assertions spewed from your imagination. Here, read about the right to keep and bear arms. http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=40004&Disp=25#C25 #25. To: misterwhite (#24) Seems pretty clear that the U.S. Supreme Court believed the second amendment only protects militia-type arms in relation to a militia, doesn't it? It seems clear that the Supremes indicated that in 1939. More recently, they indicated "Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation." District of Columbia v. Heller, 554 U.S. 570, 592 (2008) Note however, this quote from the article. After Heller, there is not much left of Miller. FWIW, my personal opinion is that Scalia's Opinion in Heller is correct. Oddly, Second Amendment scholars have largely ignored Miller. While individual and collective right theorists alike claim Miller supports their position, most provide only a perfunctory account of the case. The few exceptions focus on the text of the opinion, rather than the history of the case, and the context in which it was decided. All conclude Miller is an impenetrable mess. Miller has been sharply narrowed by Heller. Miller does very little. Heller at 625. We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns. Heller at 592 c. Meaning of the Operative Clause. Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed ....” Heller at 579-581 1. Operative Clause. a. “Right of the People.” The first salient feature of the operative clause is that it codifies a “right of the people.” The unamended Constitution and the Bill of Rights use the phrase “right of the people” two other times, in the First Amendment’s Assembly-and-Petition Clause and in the Fourth Amendment’s Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology (“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”). All three of these instances unambiguously refer to individual rights, not “collective” rights, or rights that may be exercised only through participation in some corporate body.5 Three provisions of the Constitution refer to “the people” in a context other than “rights”—the famous preamble (“We the people”), §2 of Article I (providing that “the people” will choose members of the House), and the Tenth Amendment (providing that those powers not given the Federal Government remain with “the States” or “the people”). Those provisions arguably refer to “the people” acting collectively—but they deal with the exercise or reservation of powers, not rights. Nowhere else in the Constitution does a “right” attributed to “the people” refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention “the people,” the term unambiguously refers to all members of the political community, not an unspecified subset. As we said in United States v. Verdugo-Urquidez, 494 U. S. 259, 265 (1990): “‘[T]he people’ seems to have been a term of art employed in select parts of the Constitution. . . . [Its uses] sugges[t] that ‘the people’ protected by the Fourth Amendment, and by the First and Second Amendments, and to whom rights and powers are reserved in the Ninth and Tenth Amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community.” This contrasts markedly with the phrase “the militia” in the prefatory clause. As we will describe below, the “militia” in colonial America consisted of a subset of “the people”—those who were male, able bodied, and within a certain age range. Reading the Second Amendment as protecting only the right to “keep and bear Arms” in an organized militia therefore fits poorly with the operative clause’s description of the holder of that right as “the people.” We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans. nolu chan  posted on  2015-06-04   18:22:48 ET nolu chan  posted on  2015-07-10   22:29:50 ET  Reply   Untrace   Trace   Private Reply   #148. To: nolu chan, tpaine (#147) Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. Nolu chan never said that. He just said it was possible to do under the wording of the constitution. A K A Stone  posted on  2015-07-10   22:33:57 ET  Reply   Untrace   Trace   Private Reply   #153. To: A K A Stone, nolu chan, Y'ALL (#148) I posted to: nolu chan,----- Now you've revised your answer, claiming you do not advocate using an amendment power to repeal the 2nd. AKA Stone --- nolu chan never said that. He just said it was possible to do under the wording of the constitution. Here's what Chan posted about that subject: -- He asked, "Does this mean you would contend that an amendment could be passed that prohibited our inalienable rights to buy, make, or use guns?" [emphasis added] I replied with an example of such an Amendment and asked how it could be struck down. I did not advocate for such an Amendment, but only observed that the people, as the sovereigns, have the power to do it. I would advocate for an amendment strengthening the RKBA and 2nd Amdt. What would prevent an amendment taking away the RKBA today would be the requirement of getting 38 states to ratify it. Now I have no idea WHY my remark above raised such a hissy fit, -- but obviously, that is what Chan posted. As I said before, this discussion is getting bizarro. Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue? tpaine  posted on  2015-07-11   11:29:57 ET  Reply   Untrace   Trace   Private Reply   #154. To: tpaine (#153) Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue? Because man-made documents, such as Amendments may be changed at any tyme. They are not permanent structures in America or anywhere on this planet. buckeroo  posted on  2015-07-11   11:37:17 ET  Reply   Untrace   Trace   Private Reply   #156. To: buckeroo (#154) Why in hell does my opinion, -- that amendments cannot alienate away our basic rights, as outlined in the Bill of Rights, --- that they would be unconstitutional, -- become such a divisive issue? Because --- That is not an answer.. --- man-made documents, such as Amendments may be changed at any tyme. They are not permanent structures in America or anywhere on this planet. Thanks for your comment, Capt Obvious.. tpaine  posted on  2015-07-11   12:02:51 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 156. #157. To: tpaine (#156) You are welcome. So depite your belief that documents are designed to be permanent fixtures of institutions built by men, ant man or group may change them at any tyme. buckeroo  posted on  2015-07-11 12:33:10 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 156. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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