Is the second amendment going to be repealed? And would it help if it was?
There have been many reactions to the rising number of school shootings, both here in Michigan, and around the country. Everything from increased mental health checks to arming teachers has been suggested. But one retired Supreme Court Justice has a different solution to offer – he says we should repeal the second amendment!
Wait, what?! What do you mean repeal the second amendment?
In 2008, now-retired Supreme Court Justice John Paul Stevens was engaged in a battle for how the second amendment should be interpreted. District of Columbia v. Heller was a defining moment in case history, where the Supreme Court was deciding whether or not the second amendment should give people the right to own guns for self defense.
In the end, the final decision was yes, but liberal Justice Stevens was on the wrong side of that decision – a fact that he has not forgotten since! According to former Justice Stevens, that particular decision “provided the N.R.A. with a propaganda weapon of immense power.”
The former SCOTUS Justice says the public supports his idea!
In the essay he published recently, the former Justice points to the “March for our lives” event that happened in Washington DC, with over 800 ‘sibling’ marches that took place all over the globe. The fact that so many people came together to protest unchecked gun ownership, he points out, should indicate that we are no longer a nation that supports the idea that everyone can have a gun. While Justice Steven may or may not be right, he did not point out that the number of marchers was a tiny fraction of the American population.
Specifically, he says the demonstrations “reveal the broad public support for legislation to minimize the risk of mass killings of schoolchildren and others in our society.” How? By having lawmakers “enact legislation prohibiting civilian ownership of semiautomatic weapons, increasing the minimum age to buy a gun from 18 to 21 years old, and establishing more comprehensive background checks on all purchasers of firearms.”
Demonstrating isn’t enough, says the retired Supreme Court justice
Just standing around with a sign board isn’t enough, says Stevens. Showing your support for an idea isn’t enough. You should demand change. And what kind of change is the former U S Supreme Court Justice suggesting that supporters demand? Well, in his words: “They should demand a repeal of the Second Amendment!“
But demanding something doesn’t mean you’ll get it. Getting the Second Amendment repealed is no small feat. A Constitutional Amendment repealed requires one of two things:
- A proposal by Congress with a two thirds vote in both houses, or
- Two thirds of the state legislatures calling for a constitutional convention, which then has to be approved by three quarters of the states.
Wanting something doesn’t mean you’ll get it!
Just because a retired Justice is calling for a repeal of the Second Amendment, and just because some fraction of the people agree with him, doesn’t mean it will happen. Also, when you consider what’s involved in changing or repealing a Constitutional Amendment, and how controversial this particular move would be, it’s highly unlikely that it’s going to happen.
However, if you or a loved one are facing criminal charges to do with gun use, ownership or possession, please call The Kronzek Firm immediately at 866 766 5245 (866 7No Jail). Our skilled criminal defense attorneys can help you with weapons related crime in Michigan. The NRA has been referring criminal cases to us for many years.