View Poll Results: Can the Bill of Rights be legally amended with other Amendments?

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  • YES - anything in the Constitution is subject to the Amendment process.

    43 84.31%
  • NO - you cannot amend anything which changes any provision in the Bill of Rights

    8 15.69%
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Thread: Can you legally Amend the Bill of Rights?

  1. #91
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Redress View Post
    Why did you not answer my question?
    the constitution does not mention the bill of rights ,becuase it did not exist, but Madison clearly stated in the bill of rights that the clauses which makeup the bill of rights are declaratory and restrictive to the federal government, barring them, from trying to alter or abolish them.

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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by MoSurveyor View Post
    Congress doesn't create law by writing an Amendment.
    so your say writing an amendment is not the same thing.

    so congress can create an amendment ,in other words.....take action to try to infringe on the first amendment., by creating a new amendment, to alter or abolish first amendment?

  3. #93
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    the constitution does not mention the bill of rights ,becuase it did not exist, but Madison clearly stated in the bill of rights that the clauses which makeup the bill of rights are declaratory and restrictive to the federal government, barring them, from trying to alter or abolish them.
    And what gives one person like Madison or any other individual the power to decree that final judgment overriding the actual language of the Constitution?

    And why does my copy of the Constitution NOT contain this Preamble that you have mentioned several times now?
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    so your say writing an amendment is not the same thing.

    so congress can create an amendment ,in other words.....take action to try to infringe on the first amendment., by creating a new amendment, to alter or abolish first amendment?
    If you'll notice I edited my post for clarity.


    Congress can only propose changes to the Constitution, it cannot amend the Constitution. Only an agreement of 38/50 States can do that.
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  5. #95
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    And what gives one person like Madison or any other individual the power to decree that final judgment overriding the actual language of the Constitution?
    well since Madison wrote the BILL OF RIGHTS i believe he is the highest authority on them.

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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by MoSurveyor View Post
    If you'll notice I edited my statement.


    Congress can only propose changes to the Constitution, it cannot amend the Constitution.
    true.....but by proposing an amendment, they are taking action against the BOR......which are restrictive towards them.

  7. #97
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    well since Madison wrote the BILL OF RIGHTS i believe he is the highest authority on them.
    Madison has no authority on his own to do anything with the bill of rights or any other part of the Constitution in terms of changes, additions or anything else.

    His opinion might be an interesting historical footnote - but legally changes nothing in the actual Constitution.

    And why does my copy of the Constitution NOT contain this famous Preamble you keep talking about?
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    And what gives one person like Madison or any other individual the power to decree that final judgment overriding the actual language of the Constitution?

    And why does my copy of the Constitution NOT contain this Preamble that you have mentioned several times now?
    Bill of Rights Transcript Text

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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    Why does my copy of the Constitution NOT contain that preamble?
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  10. #100
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    true.....but by proposing an amendment, they are taking action against the BOR......which are restrictive towards them.
    Nothing says Congress can take no action, it says "Congress shall make no law". As you've just admitted, Congress is - on it's face - not making law by proposing a change in the law. Hell, if all I have to do is propose a change then I'll propose the speed limit where I was ticketed be changed so that I wasn't speeding.


    I've already corrected you once on this, do you need another correction?
    Mt. Rushmore: Three surveyors and some other guy.
    Life goes on within you and without you. -Harrison
    Hear the echoes of the centuries, Power isn't all that money buys. -Peart
    After you learn quantum mechanics you're never really the same again. -Weinberg

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