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View Diary: Repeal 2nd Amendment and replace it (25 comments)

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  •  Need 38 states to ratify. (0+ / 0-)

    I'm not a Constitutional expert, but my understanding is that there is a two-step process.

    First, in order to be proposed and voted on, Amendments need a 2/3 vote of either:
    * the US Congress (both House and Senate); or
    * approval by a national convention assembled at the request of 2/3 of the states' legislatures. (The latter has never been successful, to date.)

    Second, to become ratified, amendments must then be ratified by approval of either:
    * the legislatures of 3/4 of the states; or
    * state ratifying conventions held in 3/4 of the states.  (3/4 * 50 = 37.5, rounded up to 38.)

    An uphill battle, for sure, to repeal or revise the Second Amendment, but one I think is worth fighting for. 30 years can make a big difference.

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