Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Buchal

Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.


3 posted on 12/20/2023 4:11:22 PM PST by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Islamic Hamas.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Reno89519

It can if Congress passed it with a 2/3 vote. It’s written right in the amendment.


4 posted on 12/20/2023 4:14:05 PM PST by jimjohn (We're at war, people. Start acting like it.)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

Because that amendment specifically stated that Congress could remove that “disability”, i.e. the prohibition against holding office, by legislation rather than by another amendment.


5 posted on 12/20/2023 4:14:12 PM PST by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

I think Constitutional Amendments need an Act of Congress to go into effect. Remember prohibition needed the Volstead Act. They shape the regulation and enforcement of the Amendment.

But I could be wrong.


28 posted on 12/20/2023 5:00:23 PM PST by monkeyshine (live and let live is dead)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519
Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.

The 14th amendment insurrection clause contains a repeal provisuion which allows congress to remove the bar to election or appointment to office by a 2/3 vote of both houses. That was done. The clause is no longer part of the Constitution.

33 posted on 12/20/2023 5:04:34 PM PST by P-Marlowe (Do the math. L+G+B+T+Q = 666)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

“Wait, how can a Congressionally-passed law undo or erase a constitutional amendment?! If it can be done here, then it can be done with the second amendment as well.”

“Congress may, by a vote..., remove such disability”


35 posted on 12/20/2023 5:11:21 PM PST by Brian Griffin
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

Because it was written into the original amendment.


51 posted on 12/20/2023 6:10:18 PM PST by redangus ( )
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

The law requires a 2/3rds vote to modify or rescind the Constitution of the United States.

“Amnesty Acts of 1872 and 1898. Four years after the Fourteenth Amendment’s ratification, Congress exercised its power under Section 3 and passed the Amnesty Act of 1872 with the required two-thirds vote in each House.15 The Act provided.”


59 posted on 12/21/2023 12:01:16 AM PST by Doc91678 (Doc91678)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Reno89519

It didn’t repeal anything. It took note of the fact that enabling laws had never been passed. No one had ever been charged with “insurrection.” Thus the section of the amendment was never enfocreable because there was nothing to enforce.


67 posted on 12/21/2023 12:32:41 PM PST by ThanhPhero
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson