Repeal the 2nd amendment, says retired SCOTUS Justice

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MuddRM
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29 May 2022, 3:00 pm

https://www.washingtonpost.com/history/ ... amendment/

Let the screaming and gnashing of teeth begin!



Tim_Tex
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29 May 2022, 3:10 pm

I agree with Justice Stevens (RIP).

I would repeal it just as step 1 in dismantling the redneck/hillbilly culture.



The_Walrus
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29 May 2022, 3:18 pm

As mentioned in the article, Stevens said this four years ago, before he died.

Also as mentioned in the article, repealing the Second Amendment would be extraordinarily hard.



kitesandtrainsandcats
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29 May 2022, 3:32 pm

Independent of what anyone's view of the matter is, the legal process allows only a very small chance of a repeal happening: here are the mechanisms by which that is done, using 2 references & 1 original source:

https://www.cbsnews.com/news/repealing- ... -possible/

"

U.S.
Repealing the Second Amendment – is it even possible?

By Sarah Lynch Baldwin

Updated on: March 28, 2018 / 8:44 AM / CBS News

Retired Supreme Court Justice John Paul Stevens called for a repeal of the Second Amendment in a New York Times op-ed Tuesday, and he urged demonstrators pressing for gun control to do the same. His bold proposal has prompted many questions about whether such a fundamental change to the U.S. Constitution is legally – let alone politically – possible.
...

But just how "simple" – or difficult – is it to repeal a constitutional amendment, and how does the repeal process work?

Experts say there are two ways to go about it. The first process requires that any proposed amendment to the Constitution be passed by both the House and the Senate with two-thirds majorities. It would then need to be ratified by three-fourths of the 50 states – or 38 of them.

Historically, that's proved challenging.
...

The second option for repealing an amendment is to hold a Constitutional Convention. In that case, two-thirds of state legislatures would need to call for such a convention, and states would write amendments that would then need to be ratified by three-fourths of the states.

While it's theoretically possible to change the Constitution this way, "that's never happened since the Constitution was ratified," said Kevin McMahon, an expert in constitutional law and a professor of political science at Trinity College in Hartford, Connecticut.

In the history of the United States, the only amendment that's ever been repealed is Prohibition. The 21st Amendment, in 1933, repealed the 18th Amendment, of 1919, which prohibited the making, transportation and sale of alcohol.
"

and another reference,
https://constitutioncenter.org/blog/wha ... -amendment
"
The Constitution’s Article V requires that an amendment be proposed by two-thirds of the House and Senate, or by a constitutional convention called for by two-thirds of the state legislatures. It is up to the states to approve a new amendment, with three-quarters of the states voting to ratifying it.

The one instance of an amendment appeal, the 21st Amendment, shows how this unusual process works. The 18th Amendment ratified in 1919 prohibited “the manufacture, sale, or transportation of intoxicating liquors” nationwide under most circumstances. By the early 1930s, Prohibition had become unpopular and Congress passed the 21st Amendment, with its repeal provision, in February 1933 just before Franklin Roosevelt became President. The amendment proposed for ratification included language never used before but permitted under Article V: state conventions (and not state legislatures) would be called for ratification votes, out of fear the temperance lobby would influence state lawmakers.

When Utah became the 36th state to approve the amendment in December 1933, the ratified 21st Amendment not only repealed the broad prohibition on alcohol, it also added language to the Constitution that states had the ability to define alcohol laws within their borders.
"

:arrow: Finally, and most importantly, the text of the US Constitution itself,
"
The Constitution of the United States: A Transcription
Note: The following text is a transcription of the Constitution as it was inscribed by Jacob Shallus on parchment (the document on display in the Rotunda at the National Archives Museum.) The spelling and punctuation reflect the original.
"
https://www.archives.gov/founding-docs/ ... transcript

"
Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
"


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kraftiekortie
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29 May 2022, 11:52 pm

It would take years to repeal the Second Amendment. There’s still a proposed Amendment which has been floating around since the 1790s.



kraftiekortie
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30 May 2022, 9:54 am

There would have to be a proposed Amendment that would have “Repealing the Second Amendment” as its hallmark.

Prohibition had to be repealed through a separate proposed Amendment which had “Repealing Prohibition” as its hallmark.