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. #21
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Viktyr Gehrig View Post
    Legally permissible but politically impossible. Not that it matters, since our legislature has no respect for our Constitution and our judiciary has no courage to enforce it.
    It's not that the judiciary lacks the courage to enforce it, but that they lack the desire to enforce it.

  2. #22
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    Re: Can you legally Amend the Bill of Rights?

    Of course the Bill of Rights can be amended. Why would it be any different from any other part of the constitution? Parts of it should be amended. The fourth amendment in particular needs a lot of strengthening. The third is rather useless. It's a cure for a problem that basically never happens. I would definitely like the second amendment edited into more clear language. If the whole point of it is personal protection, then why bother having the regulated militia bit? That part, like the third, are relics left from the 1790s that have little bearing on our existence today. And if the militias ARE the central right of the second amendment, that needs to be made much more clear. I'd also like the first amendment to define exactly what "the press" is, including exactly what they do, who they are, and to whom do they answer, and offer those protections based on modern society, not on 230 year old societies, where a blogger or a site like this is arguably more important than the drivel on TV news. And we should extend the first amendment beyond protecting mere religion, but likewise protecting schools of thought that aren't based gods or myths or angels or whatever. The First amendment should be amended to include the freedom to have no religion and be just as protected. There are many issues within the constitution that could stand some revision.
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  3. #23
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    Re: Can you legally Amend the Bill of Rights?

    As of now, I don't think there is a single amendment that han't been modified, overridden or in other ways changed from the original simple language. They couldn't even pass the ERA so the chances of an unpopular mega-shift are pretty low.

  4. #24
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    Can you legally Amend the Bill of Rights?
    No, I cannot. The procedure for amending the Constitution is quoted in the OP, it takes much more than just one person to do it. Neither I, nor anyone else can unilaterally amend the Constitution, legally or otherwise.
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  5. #25
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Bob Blaylock View Post
    No, I cannot. The procedure for amending the Constitution is quoted in the OP, it takes much more than just one person to do it. Neither I, nor anyone else can unilaterally amend the Constitution, legally or otherwise.
    The term YOU in the OP and question is a collective YOU referring to the nation and its people.
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  6. #26
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    Re: Can you legally Amend the Bill of Rights?

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

    rights are unalienable ...........if the could be amended or repealed, then they would not be unalienable.



    The Preamble to The Bill of Rights

    Congress of the United States
    begun and held at the City of New-York, on
    Wednesday the fourth of March, one thousand seven hundred and eighty nine.

    THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.


    who are the clauses which makeup the bill of rights, established 2 years after the constitution declaratory and restrictive too?...the federal government!

    also read the American founding fathers who state....they cannot be amended or repealed.

    "[You have Rights] antecedent to all earthly governments:
    Rights, that cannot be repealed or restrained by human laws;
    Rights, derived from the Great Legislator of the universe."

    by:John Adams


    Nothing is unchangeable but the inherent and unalienable rights of man.

    by : Thomas Jefferson

  7. #27
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by haymarket View Post
    It is my contention that there is nothing in the Constitution which would prohibit any amendment changing the Second - or any other Amendment for that matter. Legally, it could be done.
    I agree with that. As far as I know there is nothing that can't be changed or amended in the Constitution.


    As I recall, one of the great arguments over the Constitution was whether the "Bill of Rights" would be part of the main body or would be added after the fact as amendments. I find the final choice an interesting fact in this discussion, don't you?
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  8. #28
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    Re: Can you legally Amend the Bill of Rights?

    The idea of amending and clarifying the 2nd Amendment isn't the worst idea in the world.

    "All legal permanent residents of the United States may keep and carry firearms subject to reasonable regulations protecting the safety and welfare of the general public".

    See how easy that was?

  9. #29
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by Un biased View Post
    You forget that the 2 amendment was said could not be infringed it is the only one that says it could not be infringed all the others are free game to admendment except this one .
    No, the 2nd Amendment is not special. It is not above the other Amendments. It can be changed with an amendment, as can any of the others.

    That said, good luck trying to do it.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

  10. #30
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    Re: Can you legally Amend the Bill of Rights?

    Quote Originally Posted by ernst barkmann View Post
    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

    rights are unalienable ...........if the could be amended or repealed, then they would not be unalienable.
    All men have the same rights according to Jefferson (except of course, those that he owned). However, many governments have had some success keeping people away from their rights. They did it before 1776, and since then as well.

    One could easily decide now that having a place to live is unalienable, BUT that's not in OUR Constitution.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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