Posted on 02/18/2016 4:30:47 PM PST by Elderberry
.
When life is easy, nothing changes very fast.
But Life is soon going to get “interesting.”
.
.
>> “Yes, you cannot repeal a right.” <<
This is the whole point.
The 2nd amendment didn’t create any right; it merely stated that the governments are required to completely respect the existing God given right.
.
Absolutely false:
The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] The federal government possesses only the supreme authority accorded it by the Constitution. The scope of this authority is very broad, as the federal government is tasked with providing for the general welfare of the United States.
Research the Supremacy Clause, the Constitution is the Supreme Law of the land, period.
Consider the first word of the username, then assonance in the second word of the username with another word (only the vowel rhymes). Then, you may see more.
I suspect you are correct in your observation
That would be an interesting discussion. What steps are required to repeal the 2nd Amendment may be an even more interesting discussion.
The first step is to elect a Congress of which 2/3 agree to repeal the 2nd Amendment.
Let's look at what Congress would be agreeing to repeal.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
A careful reading illustrates that the existing individual right to own a firearm is protected from interference by the federal government.
The next step requires that 3/4 of the state legislatures agree with 2/3 of Congress. With those two steps achieved, the citizens' right to protection from government interference is gone but there are still additional steps before the citizens firearms can be seized.
The problem with Congress now taking the simple step of passing legislation prohibiting firearm ownership is that they do not have the constitutional power to enact that legislation.
That means that another amendment is required to give government the power to legislate the citizens, which once again requires that 2/3 of Congress and 3/4 of the states agree to the legislation.
Assuming successful legislation passes now all the government has to do is to fund the confiscation of millions of privately owned firearms.
Compare the difficulty with building a wall on America's southern border with confiscating the citizens' firearms.
We don’t disagree, so I’m not sure why you are asking me the question.
Thanks.
The question I was responding to (to keep it short) is Article 1 (one) more important [because it's Article 1] (Federal or State Constitution{s}) than (pick your poison / article that makes you feel warm & fuzzy) say article 10 (ten) or say article 16 (sixteen)or say Article 33.
Sorry, but your mixing Apple's (States Constitution{s} Which are in fact inferior to) and Oranges (The Federal Constitution.)
You do the research, courts have consistently held that the mere placement of a "Article" does not make it more or less important then other "Article(s)."
Not to worry, there have been many arguments based on this, but to my knowledge, none successful.
Hate to pop your bubble, but in law; constitution(s) {State & Federal} are to be given equal station, i.e., one is not more superior / important, because of it’s place / location in said constitution(s).
That is patently false.
Are we mixed up on threads here or something?
Review the conversation on this thread, I think you got some wires crossed....it happens, no biggie.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.