Support FR and the Father of Our Country!
Posted on 01/09/2013 12:30:05 PM PST by BillM
Article V of the Constitution spells out the processes by which amendments can be proposed and ratified.
To Propose Amendments •In the U.S. Congress, both the House of Representatives and the Senate approve by a two-thirds supermajority vote, a joint resolution amending the Constitution. Amendments so approved do not require the signature of the President of the United States and are sent directly to the states for ratification. •Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.)
To Ratify Amendments •Three-fourths of the state legislatures approve it, or •Ratifying conventions in three-fourths of the states approve it. This method has been used only once -- to ratify the 21st Amendment -- repealing Prohibition.
The Supreme Court has stated that ratification must be within "some reasonable time after the proposal." Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a "reasonable time" might extend.
Of the thousands of proposals that have been made to amend the Constitution, only 33 obtained the necessary two-thirds vote in Congress. Of those 33, only 27 amendments (including the Bill of Rights) have been ratified.
My understanding is that the Bill of Rights was an integral part of the Constitution. Also that the Constitution itself would not be ratified without a Bill of Rights.
In other words the first 10 amendments could not be amended even if the rest of the Constitution could be changed since the Constitution itself depended on the Bill of Rights for it’s existence.
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Most of us take the phrase “shall not be abridged” to mean the right to keep and bear arms can’t be amended.
Obama and the dems seem to think if they can goad the populace into acting against them, the military will back them up in crushing any resistance. It will be a surprise when the military tells them that their allegiance is to the Constitution, and not to some would be commusist dictatorship.
Boner could bring to a vote the repeal of the 2nd Amendment.
Then all Republicans and most Democrats could vote against it.
Don’t bring any other bills up for a vote.
This is implied in the Pre-amble to the BoR, but an Amendment can over-ride another Amendment. See Prohibition.
The 2nd Amendment isn’t going anywhere. There will be some regulation (like background checks) but that’s going to be about it. I’ve been an NRA member for decades.
Everyone relax.
Bogus quote
None of this matters, the King will do as he pleases! Get ready to turn in our guns & board the busses!
Although concerned delegates to the Con-Con were assured that a bill of rights would be drafted, the articles of the Constitution were ratified before the BoR was drafted and ratified. That's why BoR is regarded as amendments to the Constitution.
Also note that James Madison, regarded as the father of both the Constitution and the Bill of Rights, was actually not supportive of a bill of rights. I understand that Madison expressed concern that, since the states never delegated to Congress the specific power to regulate our basic freedoms, that a bill of rights was unnecessary, arguably redundant.
In fact, Alexander Hamilton had essentially argued that every word amended to the Constituiton would just give unscrupuoulous lawyers another foothold to destroy the Constitution. In fact, we are now slaves to perversions of the BoR by activist justices.
No, get ready to lock & load, then shoot out the tires on the buses. That’s for starters.
They don’t own us, either the politicians or the ‘roid rangers sent to do their will.
If 0bama can appoint another moonbat Justice to the Supreme Court to replace one of the “conservative” Justice's, the 2nd amendment would be in extreme danger!
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