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What would happen if the Second Amendment is repealed?
Josh Blackman's Blog ^ | 2/16/2016 | James Boice

Posted on 02/18/2016 4:30:47 PM PST by Elderberry

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To: arl295
It takes a lot to repeal an amendment

They (BOR) cannot be repealed, they are declatory and restrictive.

The BOR simply affirms God Given rights and prohibits the government.

If they were subject to repeal, then the notion of God Given is void, ergo the whole thing goes up in smoke....no longer do we have a constitution or country.

21 posted on 02/18/2016 4:42:01 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: Scrambler Bob
First must be repealed first.

Already done.

22 posted on 02/18/2016 4:42:08 PM PST by ex91B10 (We've tried the Soap Box,the Ballot Box and the Jury Box; ONE BOX LEFT!)
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To: Elderberry
See the Presser decision ...

It was so held by this Court in the case of United States v. Cruikshank, 92 U. S. 542, 92 U. S. 553, in which THE CHIEF JUSTICE, in delivering the judgment of the Court, said that the right of the people to keep and bear arms "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, but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes to what is called in City of New York v. Miln, 11 Pet. 102, 36 U. S. 139, the 'powers which relate to merely municipal legislation, or what was perhaps more properly called internal police,' 'not surrendered or restrained' by the Constitution of the United States."

[citations omitted]

It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question [2nd amendment] out of view, prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.

One will note that that the federal courts chronically lied about this case, falsely claiming that is stands for the proposition that states MAY prohibit the people from keeping and bearing arms.

Note too, in Cruickshank, plaintiff was trying to have the constitution apply to private citizens.

Now, at rock bottom, all government is, is brute force, and the only way to contain it is by brute force. Governments are not constrained by constitutions and laws. Government use constitutions and laws to turn the people docile.

23 posted on 02/18/2016 4:42:12 PM PST by Cboldt
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To: grey_whiskers

That’s right. And many lawmakers would be wise to hunker down and not show themselves.


24 posted on 02/18/2016 4:43:20 PM PST by laplata ( Liberals/Progressives have diseased minds.)
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25 posted on 02/18/2016 4:44:58 PM PST by SunkenCiv (Here's to the day the forensics people scrape what's left of Putin off the ceiling of his limo.)
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To: Elderberry

The Supreme Court cannot repeal any part of the Constitution, they can make interpretations, but they cannot repeal any of it. There is a separate process that has nothing to do with the Supreme Court, right?

Now I see the RINO’s letting obama have his pick and I see the new leftist lineup on the SC very hard on our liberties, especially the 2nd Amendment, but the way this article approaches it is nonsensical.


26 posted on 02/18/2016 4:45:14 PM PST by redfreedom (Voting for the lesser of two evils is still voting for evil.)
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To: Las Vegas Ron

Thanks for the info

I know that in order to “repeal” an amendment you would have to go through a lengthy process to create a new amendment to repeal the old one.


27 posted on 02/18/2016 4:45:51 PM PST by arl295
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To: Elderberry

Bzzzzzzzzzzt!........What is...CWII Alex. (Trebek)


28 posted on 02/18/2016 4:46:12 PM PST by Pajamajan ( Pray for our nation. Thank the Lord for everything you have. Don't wait. Do it today.)
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To: Elderberry
What would happen if the Second Amendment is repealed?

The lakes of America would be filled with guns that fell off people's boats. {wink}

29 posted on 02/18/2016 4:46:12 PM PST by Pappy Smear
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To: Elderberry
But after decades of seeing the NRA exploiting the indecipherability of the Second Amendment to thwart or neuter every potentially meaningful gun control measure....

If it doesn't say what you wish it did, it's declared indicipherable.

30 posted on 02/18/2016 4:47:48 PM PST by pepsi_junkie (Politics: from the greek "poly" [many] and the english "ticks" [blood sucking parasites])
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To: arl295
I know that in order to “repeal” an amendment you would have to go through a lengthy process to create a new amendment to repeal the old one.NO!

No affirmed right in the BOR can be repealed!!

Period!

31 posted on 02/18/2016 4:48:46 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: Elderberry
there'd be a HELL of a lot less RATS in the country a week later
32 posted on 02/18/2016 4:49:54 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - Luke, 22:36)
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To: Elderberry
Though Josh Blackman sees repeal as a nonstarter today, he says the future of the effort relies on future Supreme Court decisions...

No. The Supreme Court has nothing to do with Amendments or their repeal. Article V specifies Congress does, either by a 2/3 majority in both Houses or by application of 2/3 of the legislatures of the states. If Blackman is suggesting that a series of Supreme Court decisions might convince people to take the course of action prescribed in Article V, he's speculating about a publicity campaign, nothing more. Supreme Court judgments are, after all, based on the Constitution that the Amendment is proposing to change. Should the Amendment pass, those judgments are entirely irrelevant, should it fail, they remain in force.

33 posted on 02/18/2016 4:50:33 PM PST by Billthedrill
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To: Elderberry

It will result in revolution.

The only way they’ll ever get my guns is when all my ammo is expended and I am dead.


34 posted on 02/18/2016 4:50:55 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Cboldt

Real simple. Keep your guns, just pay the $2/round tax and $1 ammunition identification cost fee.
Can’t outlaw cigarettes can they? Just pay the .50 per cigarette tax. If you think the Obama court (and he will get his appointment) aren’t coming for your gun rights you haven’t been paying attention for the last 50 years.


35 posted on 02/18/2016 4:53:11 PM PST by hardspunned
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To: Elderberry

Civil War.

Next Question.


36 posted on 02/18/2016 4:54:15 PM PST by Uncle Miltie (Make America Grate Again!)
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To: Elderberry

Actual formal repeal will not happen, but expect a ruling from the Supreme Court that does so in effect.


37 posted on 02/18/2016 4:54:59 PM PST by Salman
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To: Elderberry

“It would definitely be Chaos to the extreme.”

They won’t outlaw them all at once.

They’ll tax them first, then they’ll require inspection/resgistration.

Many people will simply give them up to avoid the tax.

That’s how they will do it. Over time.


38 posted on 02/18/2016 4:55:09 PM PST by RFEngineer
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To: Elderberry

Blood would run in the streets


39 posted on 02/18/2016 4:57:17 PM PST by big'ol_freeper (Trump: "Planned Parenthood does wonderful things")
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To: Elderberry
...indecipherability of the Second Amendment ...

There are none so blind as those who will not see.

40 posted on 02/18/2016 4:57:54 PM PST by pa_dweller (Go ahead Libs, drink the kool-aid. It's got electrolytes!)
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