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Message
re: Dems do not want a Convention of States
Posted on 4/9/14 at 3:14 pm to JEAUXBLEAUX
Posted on 4/9/14 at 3:14 pm to JEAUXBLEAUX
quote:
If the convention did away with the 2nd amendment wouldn't that be within their right?
Congress could do that today. Why is it more at risk during a convention?
2
Posted on 4/9/14 at 3:17 pm to C
C If Congress did it the Supreme Court would knock it down and rightfully so. But if it was made part of the Constitution who knows?
Posted on 4/9/14 at 3:17 pm to C
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.
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