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> This distinction is mostly philosophical and historical Not in a court of law, where it matters. We can be dismissive, but this distinction has true and leg
by robomartin 7y ago
> This distinction is mostly philosophical and historical
Not in a court of law, where it matters. We can be dismissive, but this distinction has true and legal significance. As I mentioned in one of my notes, this is the reason the government of New Zealand can decide to confiscate weapons while, in the US, it is so close to impossible that it is.
> laws, even constitutions, can be changed, and regularly are
Laws and the US Constitution are two different things.
The US Constitution can be changed, yes, but it virtually impossible. This is particularly true of REMOVING rights in the Bill of Rights.
In order to make any change you need --by law, as spelled out in the constitution:
2/3 majority vote in the US Senate.
AND
2/3 majority vote in the US House of Representatives.
AND
3/4 of State Legislatures approve it (via direct vote or ratifying convention).
The other way is:
2/3 of State Legislatures ask the US Congress (House and Senate) to hold a constitutional convention.
AND
3/4 of State Legislatures approve it (via direct vote or ratifying convention).
In other words, it is just-about impossible, particularly given today's political climate.
There's a practical element to this. Proponents of enhanced gun control (or gun confiscation) are wasting a ton of time, energy and money in an exercise in futility. It would be far more productive to focus on addressing the real causes of gun violence than to try and remove constitutional rights from people who have never and will never harm anyone.
- vidarh 7y ago> Not in a court of law, where it matters. Pretty much the entire thrust of what I wrote was about the legislative process, which makes what happens in a court irrelevant, as they are confined to interpret it. > The US Constitution can be changed, yes, but it virtually impossible. This is particularly true of REMOVING rights in the Bill of Rights. The US constitution has been changed on a regular basis. To me the number of substantial changes shows that it is not "virtually impossible", but of course you're free to have an interpretation of "virtually impossible" that is different from mine.