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Could a Second Amendment Repeal Hurt the Consititioun?

Michael G. Sheppard discusses if second amendment repeal cloud potentially hurt the Constitution.

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Could a Second Amendment Repeal Hurt the Consititioun?

  1. 1. HURT THE CONSTITUTION? C O U L D A S E C O N D A M E N D M E N T R E P E A L   M I C H E A L G . S H E P P A R D
  2. 2. THE CONGRESSIONAL AMENDMENT PROCESS There are two methods by which the states can amend the United States Constitution. Both are described in Article V. The first is for Congress to pass a resolution by a two-thirds vote of both houses. This resolution is then presented to the states for ratification. If three-quarters of the state legislatures ratify the resolution, it immediately becomes a constitutional amendment. 
  3. 3. THE CONVENTION AMENDMENT PROCESS The second method is for the states to convene a Constitutional Convention. At this convention, a draft amendment or amendments can be agreed upon and then presented to the states for ratification. Three-quarters of the state legislatures would still have to ratify the draft amendment before it became part of the Constitution.
  4. 4. THE DANGER What many people don’t realize about the United States Constitution is that several of the first ten amendments, known colloquially as the Bill of Rights, interlock. This means they were written to work together. For example, the First Amendment is highly dependent on the Second Amendment for protection. The Fourth, Fifth, Sixth and Eighth Amendments work together to protect criminal defendants. The Ninth and Tenth establish the rights of the states. If a part of the Bill of Rights like the Second Amendment is repealed, it will have a dramatic effect, and it will serve to diminish the other amendments and the rights they recognize. The Second Amendment is of particular concern, as its repeal will do nothing to reduce the number of firearms in the country already.
  5. 5. THE NATURE OF THE CONSTITUTION It is important that every American recognize the Constitution is meant to function as an interlocking system of obstacles written to restrain the federal government. A powerful central authoritarian government is precisely what the United States was formed to avoid. Tampering with the original protections enshrined in the Bill of Rights would be a reckless and very dangerous precedent that would be unlikely to start and stop with just the Second Amendment.

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