General Discussion

X_Digger

(18,585 posts)

49. Repealing the second amendment would not remove the right to keep and bear arms.

Mon Jun 22, 2015, 08:52 PM

Jun 2015

The bill of rights grants no rights. It is a restriction on government, not the people.

It's right there in the preamble:

[div class='excerpt']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 insure the beneficent ends of its institution.

If you magically removed the second amendment the right would go from being explicitly protected to being implicitly protected via the ninth / tenth amendment. (See the almost all state constitutions that mirror the second amendment in one shape or form.)

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

80 replies

= new reply since forum marked as read

Highlight:

Is gun control a winning political issue today, especially in light of all the tragedies that have [View all] still_one Jun 2015 OP

Maybe it's time for the President to take another strong stand with an Executive Order. pogglethrope Jun 2015 #1

Can it be done with this issue? I am not so sure still_one Jun 2015 #2

Repealing the second amendment would not remove the right to keep and bear arms. X_Digger Jun 2015 #49

Surely you jest if you think pogglethrope Jun 2015 #56

So what would such a silly move accomplish? X_Digger Jun 2015 #57

If the Second Amendment were repealed, pogglethrope Jun 2015 #58

No, a suit would be argued that the right hadn't changed, and was protected by the ninth. X_Digger Jun 2015 #59

And the Supreme Court would be left to determine whether or not pogglethrope Jun 2015 #61

'where.. absent the second amendment' ??? There you go again, the BoR confers no rights. X_Digger Jun 2015 #62

Where have I either said or implied that that the Bill of Rights confers rights? I haven't. pogglethrope Jun 2015 #67

Repealing a provision of the constitution doesn't make the right go away. (Had it never passed.. X_Digger Jun 2015 #68

Yes indeed. Cassidy1 Jun 2015 #63

You mean, a winning political sound-byte in a campaign? delrem Jun 2015 #3

Simply would it help or hurt a candidate more in the upcoming elections still_one Jun 2015 #11

I own guns also, have family members who hunt and do not think everyone is capable of owning or Thinkingabout Jun 2015 #28

but are Americans as a whole amiable to reasonable approaches? The polls I read seem to indicate no still_one Jun 2015 #31

But that IS the point. beevul Jun 2015 #39

It's important enough that I think it should be worth a try. pogglethrope Jun 2015 #4

The worst that could happen is republicans would win if Americans view this a the most important still_one Jun 2015 #12

I believe there's a huge disparity in priorities. Lizzie Poppet Jun 2015 #42

That makes sense still_one Jun 2015 #47

+1 840high Jun 2015 #55

President Cruz is the worst that could happen (nt) Recursion Jun 2015 #18

This needs its own OP -none Jun 2015 #53

The problem is not the number of guns. ManiacJoe Jun 2015 #66

I don't think they'll do a damned thing. LuvNewcastle Jun 2015 #5

I am not even sure if that would change people's attitudes unfortunately, and the the only way we still_one Jun 2015 #21

CNN sucks.... Spitfire of ATJ Jun 2015 #6

I don't think independents are necessarily displaced conservatives. CNN isn't the only poll on this still_one Jun 2015 #17

Keep in mind that CNN claimed the 08 race was gonna be a squeaker on election night. Spitfire of ATJ Jun 2015 #32

If I recall gallop and most of the pollsters were wrong also. Good point though still_one Jun 2015 #34

Gallop got caught tossing out responses from Democrats.... Spitfire of ATJ Jun 2015 #38

That's because the fix wasn't good enough. -none Jun 2015 #54

No independents are not just mainly displaced conservatives nadinbrzezinski Jun 2015 #43

Actually half of the people in this country don't vote at all.... Spitfire of ATJ Jun 2015 #44

I hang up on pollsters regularly nadinbrzezinski Jun 2015 #46

its an issue but the gun lobby can depend on their voters to come out to vote beachbum bob Jun 2015 #7

If that is true then it isn't a lost cause, though to make it a reality we would have to control still_one Jun 2015 #22

I don't think Hillary intends to deliver on her gun control promises betterdemsonly Jun 2015 #8

You are probably right, but my issue is not whether a candidate can deliver, would it help or hurt a still_one Jun 2015 #20

Message auto-removed Name removed Jun 2015 #69

The people who are adamant anti gun control TexasProgresive Jun 2015 #9

Repubs sure think it's a winning issue One_Life_To_Give Jun 2015 #10

Then the only chance is that there are enough people in the urban areas to change that still_one Jun 2015 #25

Ask Iraq. L0oniX Jun 2015 #13

Civilian gun ownership is illegal in Iraq (nt) Recursion Jun 2015 #15

~woosh~ L0oniX Jun 2015 #16

It's a hard sell given how less violent our country is in recent years Recursion Jun 2015 #14

no question about it, but can a Democrat win by making gun control an election issue? still_one Jun 2015 #24

My own opinion is "no" Recursion Jun 2015 #26

Based on what I have seen on national polls, it appears your assessment is right. It isn't a still_one Jun 2015 #29

The presidency? No way in hell. Lizzie Poppet Jun 2015 #41

That is what the polls seem to say still_one Jun 2015 #48

It could be - it just takes a progressive politician with enough guts LeftinOH Jun 2015 #19

That parallels my thoughts. When Kerry was running for President, his handlers were that much still_one Jun 2015 #23

I think it might be matt819 Jun 2015 #27

I am very skeptical. I wish you were right though still_one Jun 2015 #30

No, it's going to have to be re-framed... JCMach1 Jun 2015 #33

That would be a good strategy still_one Jun 2015 #36

The NRA has also forced most gun control groups to adopt absolutist rhetoric... JCMach1 Jun 2015 #40

Outside of extremely safe seats, Snobblevitch Jun 2015 #35

I agree, and Minnesota is a traditionally blue state still_one Jun 2015 #37

The more massacres that occur, the more people will feel like they need to be armed ecstatic Jun 2015 #45

No, not in this culture of guns and hate. AlinPA Jun 2015 #50

Unfortunately I think you are right still_one Jun 2015 #51

YEP Cosmocat Jun 2015 #60

Message auto-removed Name removed Jun 2015 #70

Yes, they are separate issues, but we live in a culture of guns and hate. Lots of guns, lots of hate AlinPA Jun 2015 #71

Message auto-removed Name removed Jun 2015 #73

The OP was about gun control (guns) and whether or not it is winning issue. I'm simply AlinPA Jun 2015 #74

Message auto-removed Name removed Jun 2015 #76

It is a losing issue in this culture. AlinPA Jun 2015 #77

Background Checks HassleCat Jun 2015 #52

What killed the expanded background check law was the expanded AWB tacked to it by Fienstien oneshooter Jun 2015 #80

It's the third rail for anyone running on a natonal level theycallmetrinity Jun 2015 #64

It appears that way, however, I am also quite surprised how quickly may state officials in the South still_one Jun 2015 #65

Unfortunately, no...it's not YoungDemCA Jun 2015 #72

How would frame the issue? brooklynite Jun 2015 #75

For items 1 and 2 you might be able to convince, however, the pro gun folks would say there should still_one Jun 2015 #79

It should be, but it won't be. We get the laws we deserve. lindysalsagal Jun 2015 #78