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re: Dems do not want a Convention of States

Posted on 4/9/14 at 3:17 pm to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89615 posts
Posted on 4/9/14 at 3:17 pm to
quote:

Congress could do that today.


No they can't. Legislation does not equal Constitutional amendment - anything passed by Congress, to alter the language of the Constitution would have to be ratified by the States.

Now, a liberal Supreme Court could do it - with just 5 people, by saying that "people" in the 2nd Amendment doesn't really mean "people", but, in fact means "the police and military."

It would be a tough sell, but they did it in Roe v. Wade (7-2, by the way), finding a right to abortion under a general right to privacy, which they also "inferred" in previous decisions.

But, Congress cannot do away with the 2nd Amendment - if they could have, they would have in 1994.
Posted by C
Houston
Member since Dec 2007
27831 posts
Posted on 4/9/14 at 3:22 pm to
quote:

anything passed by Congress, to alter the language of the Constitution would have to be ratified by the States.


and how is that more or less difficult that what this convention is trying to do?
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