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. #121
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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.
    The Bill of Rights is part of the constitution. Every amendment is part of the constitution.
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  2. #122
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    really!!!...Madison did not think a BOR was necessary at all, however in reaching a compromise with the anti Federalist ,he promised one would be created after the constitution was ratified, and he kept his word...and wrote the bill, , and he is the highest authority on it, and he states clearly, that the bill is declaratory and restrictive to the new federal government, so if they abuse their powers, the bill of rights would stop them from infringing on the rights of the people, and this would give the people confidence in the federal government.
    Who authored a law, what they intended, and what they might have written about it before or after its passage is to a large extent irrelevant. What matters is what the document that was voted on says. Madison's thoughts on his work are interesting from an historical perspective and may inform our interpretation of the law but that's it. The only thing that really matters is the text itself. If Madison's views are at odds with the text, Madison loses.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  3. #123
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Sarcogito View Post
    Yes, they can be amended. But amending the Constitution is VERY difficult, as it should be. And amending one of the first 10 would be damn near impossible. Instead those rights will be eroded through more subtle means.
    By that logic, those means would be unconstitutional.
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    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

  4. #124
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    How does people uniting in common purpose to get a behavior recognized by the government as a right somehow someway equate to SLAVERY?
    You are implying that the government has the authority to act on the right to liberty of the people as a default position with your stance.

  5. #125
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    i see your letting personal bias in your statement on jefferson.
    It's not a personal bias to say that Jefferson owned slaves. That's a fact.

    Isn't a gun a commodity? You have the right to own a gun IF you can afford to purchase one. If you can't afford it, the government doesn't give you a gun (nor should they), whereas other rights are not dependent on income.


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    This issue has been plowed more times than Paris Hilton.
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    Too bad we have to observe human rights.

  6. #126
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Redress View Post
    The Bill of Rights is part of the constitution. Every amendment is part of the constitution.
    the constitution is made up of clauses as is the bill of rights, however the bill or rights clauses are restrictive clauses only, the constitution itself are not.

  7. #127
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by rocket88 View Post
    It's not a personal bias to say that Jefferson owned slaves. That's a fact.

    Isn't a gun a commodity? You have the right to own a gun IF you can afford to purchase one. If you can't afford it, the government doesn't give you a gun (nor should they), whereas other rights are not dependent on income.
    true, but it has not bearing on what we were discussing, it was something you just brought up.

    no a gun is not a commodity, ...you dont have a right to a firearm, you have a .......right to bare one.

  8. #128
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Gaius46 View Post
    Who authored a law, what they intended, and what they might have written about it before or after its passage is to a large extent irrelevant. What matters is what the document that was voted on says. Madison's thoughts on his work are interesting from an historical perspective and may inform our interpretation of the law but that's it. The only thing that really matters is the text itself. If Madison's views are at odds with the text, Madison loses.

    again..... who are the bill of rights clauses restrictive to?

  9. #129
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Henrin View Post
    You are implying that the government has the authority to act on the right to liberty of the people as a default position with your stance.
    What "liberty of the people" are you talking about? What does that even mean?
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    I ask you again, when the States ratified the Bill of Rights to make it an official part of the US Constitution, did they also ratify the Preamble that you keep citing?
    the preamble, states the goal of the bill of rights, stating that to build public confidence in the new federal government and prevent abuses of federal powers, declaratory and restrictive clause are added.

    who are they declaratory and restrictive too?

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