General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLike prohibition it's time to amend the second amendment.
A move should be made to start the process. It's need to happen but as a tactic a move to repeal or amend the 2nd amendment should be made.
This could unravel the whole constitution but unless the Senate and House are scared into listening to the population they need a wakeup call.
pintobean
(18,101 posts)It's not going to happen.
CreekDog
(46,192 posts)the chart lists the MOST important issue, it does not say that the issues themselves aren't important, just that they aren't the MOST important.
try reading.
pintobean
(18,101 posts)It's a high priority for 4% of Americans. That's people for and against gun control. Now, how much support do you think amending the second amendment is going to have?
Rather that looking for reasons to call someone stupid, or a liar, try thinking.
apocalypsehow
(12,751 posts)Though I wouldn't rule out #2, either, it's just that more often #1 has been brazenly engaged in on repeated occasions.
pintobean
(18,101 posts)DrDan
(20,411 posts)congress is in the pockets of the gun lobby.
graham4anything
(11,464 posts)former9thward
(31,986 posts)In the Heller decision all nine Justices said the 2nd amendment confers an individual right. So I guess you will need nine new appointments to get your point of view across. Good Luck!
graham4anything
(11,464 posts)and the other two liberal justices are going to retire in the next few years.
Therefore, your statement is not correct. The two are a given.
It will take one or two of the other five to change.
former9thward
(31,986 posts)Sotomayor was on the court in the McDonald decision which followed and the same legal theories were put forward. So you will have to get rid of her also. Can you name one legal scholar who holds your point of view? I know of none. Good luck in your search!
graham4anything
(11,464 posts)The NRA is going to be gone. So will guns.
And nothing can stop the evolution from happening.
BTW, no one will admit it til it happens.
former9thward
(31,986 posts)She could have filed a separate dissent if she didn't believe that. So yes, you will have to get rid of that "good" vote. Good Luck!
graham4anything
(11,464 posts)What didn't work then works later.
end of circular arguement. Last response.
Tender to the Bone
(93 posts)and a President can order a review of that said law.
Heller is wrong, and everyone knows it.
Atlatl
(57 posts)Tender to the Bone
(93 posts)Take it to RKBA. Heller is wrong, and the Second Amendment does not give the individual rights to bear arms. Only the militia has the right to bear arms.
dairydog91
(951 posts)The Heller debate was about the extent of the individual right, and whether it did or did not protect that individual right when it was exercised purely for self-defense by non-militia members.
pipoman
(16,038 posts)then why the fuck isn't it written that way?
"A well regulated militia, being necessary to the security of a free state, the right of the militia to keep and bear arms, shall not be infringed."
Nobody who matters holds this decades long facade put out there by wishful thinkers with any esteem...it is a dead argument..
Lizzie Poppet
(10,164 posts)The language of the amendment simply doesn't work that way. I've explained this in detail in other threads (and haven't had a single substantive counterargument presented, only personal insults and teh equivalent of "nuh-uh!" , so I'm not going to bother re-stating the reasons. It's 101-level linguistic analysis, frankly.
X_Digger
(18,585 posts)The rights pre-exist the constitution and bill of rights.
Some of our rights aren't even in the constitution or bill of rights (see 'right to travel'.)
dairydog91
(951 posts)Really? That's an, ahem, interesting view of what the Court has power to do.
Tender to the Bone
(93 posts)Heller points out that it continues to violate the Second Amendment. Easily.
dairydog91
(951 posts)Congress could "review" something, but it can't "review" away a SCOTUS holding about the meaning of the Constitution.
former9thward
(31,986 posts)Stay out of law school. It won't help you.
CK_John
(10,005 posts)Enable NICS for private sales and states will likely enact requirement for checks. Keep it like it is, for states to pass legislation requires they set up their own system..cost prohibitive and redundant..
Eleanors38
(18,318 posts)But the banners and culture warriors called this an NRAtalkingPoint, and went back to the chanting. Perhaps they don't want to face a hard fact: Gun control advocates don't have the troops on the ground, a constant flow of money from millions of activists, and the depth of support to obtain the first two. That is why they want sweeping central government laws or edicts because there is little vitality in their outlook once you get beyond elites and their institutional positions.
Yo_Mama
(8,303 posts)And amending the Second would have even less success. Amending the Constitution has the highest bar - it's far easier to pass a law.
I have to say that I think this bill was not a particularly good one.
A small minority of the population is very concerned about tightening gun laws compared to all those concerned with the economy, unemployment, SS, Medicare et al. Legislators had a lot to lose and not much to gain.
My suggestion is to work in your state if you are unhappy with the gun laws there.
nadinbrzezinski
(154,021 posts)I guess that's a minority.
Yo_Mama
(8,303 posts)It's just that there wasn't just a "pure" background check bill out there. I think senators could successfully have defended their vote for a pure background check bill. I suspect this was sabotage, but then I'm not very politically astute.
And tightening controls just isn't a very high priority for most people. You have to realize that. If most the people were banging on them to do it, they'd do it.
nadinbrzezinski
(154,021 posts)Double
What these guys are afraid off, you said it, not politically astute, is their flank
Yo_Mama
(8,303 posts)Now I feel even less politically astute.
nadinbrzezinski
(154,021 posts)You are going to have a tea party type challenging you on gun rights. That candidate will receive donations from the NRA.
Oy..
Yo_Mama
(8,303 posts)Yes, I think the "passion" of the support for those against various gun control measures was strong.
But that doesn't extend to background checks. I think the reason the background check bill didn't pass is because of the reciprocity thing. Unless I am misunderstanding this, and after all the misinformation in the papers over the Boston bombing, it's possible, the reciprocity thing would have overridden state laws about guns.
There is not majority support for that. I think the senators deliberately set it up this way, so everyone could explain/defend their cloture vote as convenient.
nadinbrzezinski
(154,021 posts)Background checks. They used to support them, but there are organizations to their right.
X_Digger
(18,585 posts)Now, there could have been some vote 'trading' going on, I suppose, but they were actually separate.
Yo_Mama
(8,303 posts)geek tragedy
(68,868 posts)on the ability of mass murderers to massacre children.
Lawlbringer
(550 posts)But I was always under the impression that the Bill of Rights couldn't be changed, only interpreted by SCOTUS.
geek tragedy
(68,868 posts)Agnosticsherbet
(11,619 posts)using the process set forth in the Constitution to amend the Constitution.
The Bill of Rights were, themselves, amendments.
CK_John
(10,005 posts)As far as i know the 2nd admendement is just an admendment and could be changed.
The states can petition to start an admendment procedure.
Yo_Mama
(8,303 posts)Agnosticsherbet
(11,619 posts)It is a pitty that the majority doesn't rule there.
geek tragedy
(68,868 posts)CokeMachine
(1,018 posts)geek tragedy
(68,868 posts)cherokeeprogressive
(24,853 posts)Amiright?
geek tragedy
(68,868 posts)But areas that vote for people like James Inhofe and Sam Brownback in landslide numbers don't do it by fluke.
CokeMachine
(1,018 posts)Education does not equal IQ. There's book smart and really smart. Where I work now we consider a Masters Degrees equal to what used to be a Bachelors degree. Hell we even prefer vocational colleges due to technical knowledge -- lots less training and much more motivation. Education in this country is in a sorry state so education level doesn't mean much anymore.
Take Care
Lizzie Poppet
(10,164 posts)See where I'm going with this? It's a distinct minority of states that would favor repeal of the second amendment (if in fact any do...). If the Mid-Atlantic states, Illinois, and California want such a repeal, let them secede.
In all seriousness, I expect the nation as currently constituted to last no more than another 20 years. It'll split up into regional polities by then.
geek tragedy
(68,868 posts)would have allowed anyone with a gun permit in the country from brandishing it in New York and Illinois.
For some reason they don't think there are enough dead children in Chicago.
former9thward
(31,986 posts)I believe the number is zero.
geek tragedy
(68,868 posts)CC holders have murdered hundreds of people since 2007
http://www.huffingtonpost.com/josh-sugarmann/murders-by-concealed-hand_b_632278.html
By all means, support the "George Zimmerman can carry a loaded weapon in every city in the country" law.
I'm sure it will save lives. Well, no, it will lead to deaths, but at least the guns will be safe, according to Team Ar15.com
former9thward
(31,986 posts)But go ahead and exaggerate if it helps you. And of course it included suicides -- so they were murdering themselves. In the five years they studied they came up with a number about equal to Chicago's murder rate in a month.
geek tragedy
(68,868 posts)with a loaded gun is awesome legislating.
Response to geek tragedy (Reply #85)
Name removed Message auto-removed
hrmjustin
(71,265 posts)That is where he should walk.
Lizzie Poppet
(10,164 posts)"Yeah, most of those Senators voted for the awful Cornyn amendment, which would have allowed anyone with a gun permit in the country from brandishing it in New York and Illinois."
False. "Brandishing" has a very specific (legal) definition, and it woudl remain a crime regardless of whether national permit reciprocity is enacted or not.
"For some reason they don't think there are enough dead children in Chicago."
Strawman argument. Do you have even a shred of verifiable evidence that anyone thinks that, to say nothing of these Senators? Slander does nothing to help your cause...
elleng
(130,865 posts)considering the success we have with legislation discouraging gun and ammunition supplies.
Article V olf the Constitution says:
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.
Lady Freedom Returns
(14,120 posts)"two thirds of both Houses ".
Without having 2/3's of EACH house, one can forget it. Look at the makeup of each house right now.
To add to the sarcasm, "We got a winner with this idea"!
Till more liked minded are in both houses, till more people that say they want this get more active and vocal than the smaller numbers that oppose this, we are looking at a pipe dream.
elleng
(130,865 posts)We've got HUGE work to do, no sarcasm.
graham4anything
(11,464 posts)It can be done through SCOTUS once there is a new court with more Elena and Sonia's on it.
If we can dream, in 2018 President Obama nominated and confirmed (like Pres. Taft did)
and he can be the one to write the new decision.
All it takes is to interpret the word MILITIA different.
It is really not that hard.
LittleBlue
(10,362 posts)Which was one of the most spectacular lawmaking failures in US history.
Eleanors38
(18,318 posts)X_Digger
(18,585 posts)eta: And even if, by some unicorn-farting magical triple-rainbow chance that did pass, that wouldn't remove the right protected by the second.
It would just then become an unenumerated right protected by the ninth amendment, and various state constitutions.
CK_John
(10,005 posts)apocalypsehow
(12,751 posts)they are right-wing talking points that are routinely found on conservative websites. Google it and you'll see it brings up two kinds of websites (besides definitional ones from Wikipedia and a few law schools): right wing websites peddling NRA garbage, and liberal forums debunking same.
It's very telling.
dairydog91
(951 posts)So is the right to consensual sex between adults, or the right to purchase contraception. I suppose you could be really persnickety and say that they're derived from the 14th, not the 9th, but they're certainly not explicitly enumerated rights found directly in the text.
apocalypsehow
(12,751 posts)through Wal Mart with a pistol perched in your pants.
But nice try.
X_Digger
(18,585 posts)Many misguided people seem to assume that the bill of rights *grants* rights.
Hint: it doesn't.
The right to travel? Does not appear in the constitution or bill of rights, yet it exists just the same.
apocalypsehow
(12,751 posts)^^^The above is a common (false) meme and talking point that shows up repeatedly on right-wing websites.^^^
Hint: you're not fooling about anyone, "dear."
X_Digger
(18,585 posts)Did you really never study the Enlightenment? Locke? Rousseau? You know, the philosophers who informed the guys who set up our government?
All it really takes is reading the Declaration of Independence or the preamble to the Bill of Rights..
"endowed by their creator with certain unalienable rights.. that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.."
http://billofrights.org/
Abuse of whose powers? Declaratory and restrictive clauses against whom?
The bill of rights is a 'the government shall not' document, not a 'the people can' document.
Where does the right to travel emanate from?
apocalypsehow
(12,751 posts)talking points and memes. That stuff catches up eventually.
X_Digger
(18,585 posts)Care to elaborate?
Heck, read Federalist #84-
Hamilton was wary of the bill of rights, because it might be used as a pretense for limiting rights- powers that the government did not possess..
apocalypsehow
(12,751 posts)X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)X_Digger
(18,585 posts).. in the hopes that your respondent doesn't notice, and you can claim victory.
Bravo.
(Not really.)
apocalypsehow
(12,751 posts)I should have bought stock in the company that makes Cheetos years ago: I keep forgetting our NRA internet keyboard warriors consider posting NRA talking points and memes day and night on discussion forums to be the equivalent of combat, just like real soldiers. All from the safety of Mom's basement, of course....
Funny stuff.
X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)It'll catch up eventually.
X_Digger
(18,585 posts)X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)^^^ Ahhh, the things NRA keyboard warriors worry about from Cheeto Central.
X_Digger
(18,585 posts)apocalypsehow
(12,751 posts)apocalypsehow
(12,751 posts)...am heavily engaged on GD in DU showing them their librul's what-fer!!!"
X_Digger
(18,585 posts)So predictable, so disappointing.
apocalypsehow
(12,751 posts)X_Digger
(18,585 posts)Ready to back up your contention that rights are 'granted' by the bill of rights with something more than, 'google it!' yet?
Found the source of the right to travel yet?
Let's make this interesting, just to stave off boredom.
apocalypsehow
(12,751 posts)X_Digger
(18,585 posts)Feel free to come back with something - anything - substantive. Til then, go ahead and get the last word.
apocalypsehow
(12,751 posts)apocalypsehow
(12,751 posts)^^^ Fun Stuff, Redux. Repeatedly.^^^
pipoman
(16,038 posts)how about debunking it rather than sputtering about with accusations of nonsense?
apocalypsehow
(12,751 posts)pipoman
(16,038 posts)Can't tell everyone why he's wrong? Only have insults and accusations? Yeah...that's exactly why these things fail..
apocalypsehow
(12,751 posts)pipoman
(16,038 posts)apocalypsehow
(12,751 posts)SoCalDem
(103,856 posts)There are so many ruby-red states these days..No matter what, they will rebel against sanity...just on principle (their misguided contrarian principle).
CK_John
(10,005 posts)laws in the past several weeks.
We only need to start the process to scare the shit out off the sane part of Congress. The tea bagerrs may go along so to wreck the constitution.
slackmaster
(60,567 posts)We tried to pass an Equal Rights Amendment for over 40 years and failed when the GOP went full stupid.
kudzu22
(1,273 posts)I don't see any of these going for it:
AL, AK, AR, AZ, GA, ID, KS, KY, MS, MT, NC, NE, NV, SC, TN, UT, WV, WY
And you'd need 6 of them plus every other state in the union.
pipoman
(16,038 posts)ND, SD, OR, WA, VT, MO, IA, WI, MI, OH, IN, ME...and probably others..
WinniSkipper
(363 posts)TimberValley
(318 posts)Just saying.
CK_John
(10,005 posts)to repeal or amend the 2nd and rattle their cage (Congress).
sarisataka
(18,621 posts)Established women's suffrage. It was the 21st that repealed the 18th and gave states the power to prohibit alcohol
moondust
(19,974 posts)I'm curious why the NRA isn't fighting to bring back private ownership of machine guns, bazookas, and field artillery. Any thoughts?
X_Digger
(18,585 posts)You can, they're just damned expensive and require lots of paperwork.
Fla_Democrat
(2,547 posts)CokeMachine
(1,018 posts)I need a starting point to see where you are coming from.
CK_John
(10,005 posts)fill in the details along the way.
CokeMachine
(1,018 posts)I don't believe you'd like the outcome. That would open it up to 33-34 states determining what will happen, regardless of population. A large majority of the states (not population wise) in th US are very pro 2A and may even make it more permissive.
Have a good evening.
Travelman
(708 posts)You can't just send an Amendment in that says "let's change the Second Amendment." Well, I suppose you could, but it wouldn't go anywhere.
The language of the Amendment has to be approved by 2/3 of the states' legislatures, then it gets submitted to Congress, and then the states have to ratify it.
CK_John
(10,005 posts)Union Scribe
(7,099 posts)I appreciate hardcore optimism as much as the next guy, but what you're saying is inconceivable in a number of directions at once.
kenny blankenship
(15,689 posts)SCOTUS can't object to that.
Want to own that gun, be it a bolt action rifle, a revolver, a large capacity magazine assault weapon, a shotgun or whatever, then you have to pay the annual Federal tax on it. Yes, we admit it is rather steep, and so is the Federal tax on all ammunition sales and gun sales. Very, very steep! In fact, you'd be kind of a dumbass not to get rid of your firearms by either turning them in to the govt (they pay a bounty) or else selling them to a greater dumbass.
What - you say that you didn't register your gun(s) for tax purposes? Oops, go to jail! Now as a felon, you can never legally own a gun again.
CokeMachine
(1,018 posts)kenny blankenship
(15,689 posts)You aren't going to win that one no matter what, Field Marshall. At most you could turn the US into Iraq or Somalia for a while. What an achievement that will be. In the meantime, while you're patiently waiting for your "Final Showdown" with the eevul gummint, America bleeds daily from its plague of guns.
CokeMachine
(1,018 posts)I don't go for that overthrowing the gubmit thing. Please try a little harder to read what I wrote. Let's see, there are hunters (you, only rich hunters), sports shooters (you, only rich sports shooters), self defense (you, only rich people should be able to defend themselves and family).
Have a good evening
kenny blankenship
(15,689 posts)as a consequence of your preferred hobby and recreation - and you think that's OK. You don't have to ever change. They're just a little collateral damage and an acceptable price that others will pay for your tradition of fun and your illusion of safety. Others might not be the only ones to pay. Your family is in much greater danger from your guns than from whatever you believe you're protecting them from.
The 99% are much better served by ridding themselves of the plague of guns, staying alive and ratcheting down the levels of fear and violence which guns bring and maintain, than they could ever be by joining you in your gun fueled survivalist fantasies.
CokeMachine
(1,018 posts)You're anger scares me. Are you anti-choice? Most of the gun deaths in the USA are suicides -- isn't that a choice? Good Dog you make as much sense as you think you think you do. Calm down!!
I don't have the plan you attribute to me. Should I put on some Renolds Wrap so you can't read my mind?
In my plan everyone can choose to end their lives anyway they want. I do understand that authortiarians know what's best for those less educated or smart.
Again, you are attributing me more than I said. Calm down and have a berverage -- just don't drive. OK
badtoworse
(5,957 posts)They were found to be unconstitutional. Other than seeking to suppress exercise of a different civil right, your idea is no different and would likely suffer the same fate.
Eleanors38
(18,318 posts)Guns, ammo, motorboat fuels, etc. are already taxed under Pitman-Robertson up to 11% for purposes of funding conservation efforts. This is a tax agreed upon by the great majority of outdoor sportspersons since they knew what it was for.
A tax simply imposed to curtail sales of firearms & ammunition would be seen by the courts for what it is: A clearly intentional way of infringing on the Second. This is why so many prayer/meditation-in-school laws are slam dunked routinely. They can see the intent of the backers of such.
Interestingly, the old poll tax scheme was eliminated by passage of a Constitutional amendment -- a powerful precedent for trashing the type of tax you propose. Can you find the amendment?
Logical
(22,457 posts)CK_John
(10,005 posts)reformist2
(9,841 posts)Dpm12
(512 posts)n/t
William769
(55,145 posts)Amending the Second Amendment would take away a freedom that has been there almost from the start.
I don't see it happening since it takes a 2/3 majority.
EDIT TO ADD: When the when the Eighteenth Amendment was passed look at the havoc that was thrown on the United States. Just saying.
CK_John
(10,005 posts)determine the outcome before anything is done. That may the problem with this country at this point in our history.
slackmaster
(60,567 posts)Riftaxe
(2,693 posts)temperance movement...don't forget the hymnal songs.
Codeine
(25,586 posts)madinmaryland
(64,931 posts)JVS
(61,935 posts)It just isn't in the cards. You'd be better off working on the local and state levels, as well as making the criminal justice system even tougher on crimes committed with guns (mandatory long sentences, etc.)
Raine
(30,540 posts)Response to CK_John (Original post)
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Throd
(7,208 posts)CK_John
(10,005 posts)Start getting states to send a petition to amend the 2nd admendment. Don't worry about the details.
Throd
(7,208 posts)CK_John
(10,005 posts)Throd
(7,208 posts)onenote
(42,700 posts)There are two ways to amend the constitution. The first way (and the only way that has been used in nation's history) is for Congress to approve the amendment by a 2/3 vote of both houses and then send it for ratification by 3/4 of the states. The states don't get to "work on details" after the fact. The amendment that is approved by Congress at the start of the process is the amendment that the states consider.
The other way, never used, is for 2/3 of the states to call on Congress to commence a Constitutional Convention -- a process that many Constitutional scholars view as terrifyingly risky since it could, in theory, open the entire constitution to revision. The changes would still have to be ratified by 3/4 of the states, but this process has never been used and its almost impossible to imagine in being used.
The fact is that the legislation that was defeated today -- a terrible result -- was constitutional. An amendment wasn't needed. But 60 votes were in the Senate and a majority would be required in the House and while the first should have been achievable, it wasn't, and the second was never going to happen. For legislation that didn't require the Constitution to change. The notion that we are anywhere close to revising or repealing the Second amendment by a 2/3 Congressional vote and votes of 3/4 of the states, when we can't get 60 votes in the Senate or a simple majority in the House for a change in the law that is constitutional, is pure fantasy.
We are far better working, as the President indicated, on electing legislators that will make changes that don't require a Constitutional amendment or in getting states to pass common sense gun laws that are within current constitutional boundaries, than in some quixotic quest to rewrite the Constitution.
Response to CK_John (Original post)
mikegray This message was self-deleted by its author.
CK_John
(10,005 posts)Response to CK_John (Original post)
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arcane1
(38,613 posts)geomon666
(7,512 posts)It'll never happen in my lifetime. At this point, I'm pretty sure it would take almost apocalyptic event to get even close to amending or repealing the second ammendment. I'm talking like an Escape From New York type of future, just complete lawlessness in the streets. And we're getting there.
Eleanors38
(18,318 posts)CK_John
(10,005 posts)Congress to get their houses in order.
We just need 1 state to issue a petition to get the ball rolling and Congress will realize the people have other options.