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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: 83259
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 The second article of amendment is hereby repealed.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?

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Begin Trace Mode for Comment # 78.

#54. To: tpaine, Nolu Chan, liberator, A K A Stone (#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?

First off, creating a vanity thread to call out another poster is bad manners.

Second, I looked at comments so far and one of two possibilities are evident:

1. Chan is showing restraint and dignity in not responding to your carnival barking.

or

2. His response is forthcoming and no doubt he will hand you your 4th point of contact (for the civilians in the room the 4th point of contact is what you sit on; for paratroopers it is the 'fourth point' of the body hitting the ground in a 'dynamite' parachute landing fall [PLF])

redleghunter  posted on  2015-07-09   17:26:25 ET  Reply   Untrace   Trace   Private Reply  


#61. To: redleghunter (#54)

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?

First off, creating a vanity thread to call out another poster is bad manners.

That's your opinion, and I see you've pinged AKA Stone to give us his, --- but I think we're here to discuss the issues of the day, and Chan has certainly raised one by insisting the 2nd could be repealed.

Second, I looked at comments so far and one of two possibilities are evident: - -- 1. Chan is showing restraint and dignity in not responding to your carnival barking. --- or ---- 2. His response is forthcoming and no doubt he will hand you your 4th point of contact (for the civilians in the room the 4th point of contact is what you sit on; for paratroopers it is the 'fourth point' of the body hitting the ground in a 'dynamite' parachute landing fall [PLF])

I served a couple of years in the 503rd and 502nd regiments, so your attempts to instruct me about 'PLF' is as silly as your "carnival barking" about this thread.

By all means, come back when you have a real point to discuss..

tpaine  posted on  2015-07-09   20:35:29 ET  Reply   Untrace   Trace   Private Reply  


#62. To: tpaine, redleghunter, nolu chan (#61)

I said to you before that you need to listen to nolu chan.

I now say to you that you need to also listen to redleghunter.

It will be to your advantage to learn from them.

Gatlin  posted on  2015-07-09   20:44:18 ET  Reply   Untrace   Trace   Private Reply  


#64. To: Gatlin (#62)

I said to you before that you need to listen to nolu chan.

I now say to you that you need to also listen to redleghunter.

It will be to your advantage to learn from them.

Never fear my boy, I'm learning a lot from all you authoritarians. -- And I'm sure others here are.

Probably, they're learning more about your politics than you want them to know..

tpaine  posted on  2015-07-09   21:04:24 ET  Reply   Untrace   Trace   Private Reply  


#66. To: tpaine (#64)

Nolu chan is right on this one. It wouldn't be right morally. But it would follow the process laid out in the constitution.

Remember the constitution isn't perfect. It is man made and contains flaws.

It is worth protecting.

A K A Stone  posted on  2015-07-09   21:08:13 ET  Reply   Untrace   Trace   Private Reply  


#76. To: A K A Stone, nolu chan, Y'ALL (#66)

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.

Nolu chan is right on this one.

I beg to differ. I think we have an unalienable right to keep and bear arms. -- I see nothing in the Constitution itself that says we could amendment away that right.

It wouldn't be right morally. But it would follow the process laid out in the constitution.

I've been asking Chan to point out where in the Constitution it allows a majority to repeal ANY of our basic inalienable rights. He can't quite find it. --- Can anyone??

Remember the constitution isn't perfect. It is man made and contains flaws. --- It is worth protecting.

We agree..

tpaine  posted on  2015-07-09   21:36:07 ET  Reply   Untrace   Trace   Private Reply  


#78. To: tpaine (#76)

I think we have an unalienable right to keep and bear arms. -- I see nothing in the Constitution itself that says we could amendment away that right.

Yes you do.

It is called the Amendment process. It is a built in mechanism of the US Constitution. Here is an authoritative glimse:

The Constitutional Amendment Process

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.

The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.

In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness.

From: http://www.archives.gov/federal-register/constitution/

buckeroo  posted on  2015-07-09   21:42:09 ET  Reply   Untrace   Trace   Private Reply  


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