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The Second Amendment Is One Supreme Court Justice from Repeal
nationalreview.com ^ | 10/6/2015 | David French

Posted on 10/08/2015 2:15:49 PM PDT by rktman

In August, my colleague Charlie Cooke wrote an epic rant daring the Left to stop talking about repealing the Second Amendment and start doing it. Introduce the repeal to Congress, work it through the states, and tell the American people what you want to do — take from them a fundamental, enumerated right from the Bill of Rights. As Charlie eloquently outlines, repealing the Second Amendment is an impossible task. Even worse for the Left, it’s political suicide.

But if the Supreme Court’s decision in Obergefell v. Hodges teaches us anything, it’s that the age of judicial supremacy means that five justices can amend the Constitution far more efficiently than Congress and the state legislatures. And right now there are clearly four Supreme Court justices who are committed to the absurd view that the operative clause of the Second Amendment — “the right of the people to keep and bear Arms, shall not be infringed” — doesn’t actually mean “the right of the people” and therefore doesn’t encompass an individual right to own a weapon, even for self-defense. This view defies history yet is received, conventional wisdom on the judicial Left, in much the same way that it’s received, conventional wisdom that the Constitution actually protects rights to abortion and gay marriage.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: 2a; banglist; guncontrol; supremes
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To: thackney
The Supreme Court doesn’t have the power to change the Constitution.

But they have the power to "interpret" the Constitution. The ACLU says that the 2nd Amendment is not about private gun ownership, it is about the militia being armed and regulated. Eric Holder made a similar statement once after the Heller ruling. 5 SCOTUS members do not have to change or repeal the 2nd A, but they can gut it by "interpreting" what a militia is, and how the 2A is about an armed and regulated militia.

61 posted on 10/08/2015 3:11:10 PM PDT by GregoTX (Cruzader)
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To: rktman

SUPREME COURT HAS NO AUTHORITY TO REPEAL THE 2ND AMENDMENT
the process is in the Constitution
the founding fathers were genius...
today’s politicians are scumbags
that’s why we have the mess we have..
they are in it for power and $$$ and people / nation be damned
corporations OWN congress... and ALL LAWS are for their benefit ONLY...


62 posted on 10/08/2015 3:13:30 PM PDT by zzwhale
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To: ForYourChildren
The 2nd amendment is non-repealable.

I'm sure there is a handy penumbra they can find someplace to prove otherwise.

63 posted on 10/08/2015 3:14:34 PM PDT by Gritty (The question is not will Muslim migrants kill Americans but how many will they kill?-D.Greenfield)
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To: Amendment10

Hey now. You can’t stop me from being offended by your critique if I want to feel offended. LOL! I only cut and paste and make inane comments. Other than that, gator skin protects me.


64 posted on 10/08/2015 3:23:38 PM PDT by rktman (Enlisted in the Navy to protect folks rights to strip my rights. WTH?!)
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To: Bullish
. . . repeal an amendment. If they try it they’ll have a full scale armed revolt. Are they that stupid?

I seriously doubt there'd be much more than a 3 day squakfest from "an outraged Congress" and then everything would return to tranquility followed by new episodes of "Here Come the Kardashians"

65 posted on 10/08/2015 3:32:44 PM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever)
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To: Biggirl

If it is time to hide em, it is time to use em.


66 posted on 10/08/2015 3:59:43 PM PDT by Red in Blue PA (war is peace, freedom is slavery, ignorance is strength, obama loves America)
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To: atc23

What happens when they think they can go door to door collecting guns? That’s what I’m talking about.


67 posted on 10/08/2015 4:00:52 PM PDT by Bullish (Face it, insanity is just not presidential.)
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To: rktman
if that were truly possible, then i'd put it another way, we are one black robe away from CWII...
68 posted on 10/08/2015 4:15:45 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY)
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To: rktman

What they are really saying in this passage is that the country is one supreme court justice away from civil war.


69 posted on 10/08/2015 4:31:14 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Biggirl

When it’s time you have to hide them, that is the time you have to use them.


70 posted on 10/08/2015 4:34:05 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Flag_This

There are two times in a nation’s life when the true patriots come to the fore: The first is when they create that nation; the second is when they save it.


71 posted on 10/08/2015 4:38:20 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: hoagy62

“Citizen informers” often become tree ornaments.


72 posted on 10/08/2015 4:45:18 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: rktman

Anybody who tries to “repeal” one of my Natural Rights is gonna get their life repealed...


73 posted on 10/08/2015 4:46:24 PM PDT by kiryandil (Maya: "Liberalism Is What Smart Looks Like to Stupid People")
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To: hoagy62
>>What if they rely on ‘citizen informers’ to tell them where people’s firearms are?

Which is why one must (I hope this goes without saying)
1) never make a public threat, even in jest
2) never admit to firearm ownership, except perhaps to closely trusted fellow gun owners
3) never ever plan an act of vengeance, no matter how justified, with other people
4) never make public statements that could be construed by someone who doesn't like you as sedition, conspiracy, or incitement to riot
5) if Clare Wolfe's “moment” comes, plan it alone, act alone, get away with it, and never tell a soul what you did. Take it to your grave.

If your ego/pride/insecurity isn't kept in check, it will hurt you during our slide to third world status.

74 posted on 10/08/2015 4:55:14 PM PDT by oblomov
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To: rktman

That sort of misbehavior in the SC would precipitate the action for which the Second Amendment is designed.


75 posted on 10/08/2015 5:00:38 PM PDT by GingisK
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To: Flag_This

A decision like that would demonstrate conclusively that the government is no longer legitimate. Then we will all have decisions to make.
i think we are past that. Right now My flags all fly upside down. it’s a start pissed of one of my neighbors. she has military family and i told her it is a signal of distress. She said it was disrespectful. well maybe so but they flying right side up until i say so.


76 posted on 10/08/2015 5:16:36 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: GregoTX

“But they have the power to “interpret” the Constitution. The ACLU says that the 2nd Amendment is not about private gun ownership, it is about the militia being armed and regulated. Eric Holder made a similar statement once after the Heller ruling. 5 SCOTUS members do not have to change or repeal the 2nd A, but they can gut it by “interpreting” what a militia is, and how the 2A is about an armed and regulated militia.”

Correct. They will “interpret it” out of existence and it will be lost forever. The same goes for the other amendments as well. The SC and judges run this country, and the President picks the judiciary. Demographics, immigration and the electoral college make it extremely likely that after the next 10 - 20 years we will never have another Repub President.


77 posted on 10/08/2015 5:49:19 PM PDT by Brooklyn Attitude (Things are only going to get worse.)
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To: DiogenesLamp

Yea, I have. However, I never read about it being codified in the Constitution.


78 posted on 10/08/2015 6:35:21 PM PDT by AFreeBird
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To: rktman

Total bullsh!t. It takes another amendment to get rid of a previous amendment.


79 posted on 10/08/2015 7:05:37 PM PDT by MisterArtery
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To: AFreeBird
Yea, I have. However, I never read about it being codified in the Constitution.

This is like saying they gave us the right to keep and bear arms, but they didn't include "bullets."

No, it's understood as part of the framework of "arms" that bullets are included in the concept. By the same token, "Marriage" falls under the umbrella of things normal to a Western Society.

80 posted on 10/08/2015 7:09:04 PM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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