[xzins]

I think there is a difference between the words 'could' and 'would.'

I don't think we would, but if 'could' means "is it possible with the current rules," then it is possible with the current rules.

We could amend the constitution to add "A chocolate sundae once a week for every citizen" if we simply ask "do the rules allow it."

[tpaine]

Sorry, but I see discussing whether we "could" repeal the 2nd as just wordplay. As Barnett says, there is a 'presumption of liberty' in our Constitution that cannot be ignored by we the people, or by any of our officials.

Address:http://www.nationalreview.com/script/printpage.p?ref=/comment/comment-barnett071003.asp


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Scalia is wrong.
The public has no right to decide important moral questions. 'Majority rule' does not trump our Constitution's rule of law.