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Yesterday, I heard an argument that I was not aware of. Basically the individual claimed that one could not legally amend the United States Constitution so that it changed or repealed any of the current Amendments in the first ten - the Bill of Rights.
Here is Article V of the Constitution which has all the language from that document about the amendment process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
The specific part of the Constitution in question was the Second Amendment.
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.
It is my position that politically, it would be impossible to do so at this time and there simply is not any political will to do this.
Putting aside the already mentioned practical political considerations making it impossible to actually get such an amendment passed, is it legally possible to amend the Constitution changing or outright repealing anything contained within it including the Second or any other existing Amendment?
Here is Article V of the Constitution which has all the language from that document about the amendment process
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
The specific part of the Constitution in question was the Second Amendment.
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.
It is my position that politically, it would be impossible to do so at this time and there simply is not any political will to do this.
Putting aside the already mentioned practical political considerations making it impossible to actually get such an amendment passed, is it legally possible to amend the Constitution changing or outright repealing anything contained within it including the Second or any other existing Amendment?
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