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View Diary: Text of the proposed 28th Amendment to the Constitution. (97 comments)

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  •  I strongly feel that the gun lobby... (1+ / 0-)
    Recommended by:
    Glen The Plumber

    would use any ambiguity to demand the right to import weapons into states that do not allow them.

    Better to have no assumptions, IMHO.

    I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

    by detroitmechworks on Sun Dec 30, 2012 at 02:32:48 PM PST

    [ Parent ]

    •  I think the point of repealing the 2nd (2+ / 0-)
      Recommended by:
      Glen The Plumber, a2nite

      is to knock out the ability of SCOTUS to overturn state and local laws on that basis.

      It would still be up to the federal, state and local governments to set the laws they need. I don't think we want to try to put a specific solution into the constitution. We just want more legal flexibility in the solutions we can use.

      •  It maintains the right of... (1+ / 0-)
        Recommended by:
        Glen The Plumber

        localities to set their own laws.  Otherwise what you have is undefined and subject to political whim of courts.

        I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

        by detroitmechworks on Sun Dec 30, 2012 at 02:38:44 PM PST

        [ Parent ]

        •  Well, Sec 2 would alter interstate commerce (1+ / 0-)
          Recommended by:
          pistolSO

          and affect the ability of the military and police to supply themselves with equipment.

          IANAL, but even I can see that this is never going to work as written. And I really don't think it would be an improvement to try to write special exceptions for the military into the constitution.

          •  It's identical with the exception of the item... (0+ / 0-)

            in question,

            To the repeal of the 18th.  It worked before, it'll work again.

            I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

            by detroitmechworks on Sun Dec 30, 2012 at 02:51:04 PM PST

            [ Parent ]

            •  I don't think that is much of a recommendation (0+ / 0-)
              •  So, we have lots of illegal alcohol now? (0+ / 0-)

                Oh right, only a few states still ban importing of it... let's see... Pennsylvania...  I hear they've got a  lot of problems with Rum Runners.

                Oh wait, no they don't.

                /snark

                I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

                by detroitmechworks on Sun Dec 30, 2012 at 03:05:59 PM PST

                [ Parent ]

                •  The language of the 21st amendment (1+ / 0-)
                  Recommended by:
                  detroitmechworks

                  was designed to allow states to keep bans on alcohol if they chose. That isn't the problem here.

                  Section 2 is unnecessary "code". The problems it is trying to fix should be handled elsewhere in the software :-)

                  •  I see your point. (0+ / 0-)

                    However, I fear that if we do not add this in, the argument will be made by conservatives and gun fanatics that the federal law overrides the local laws... and since the federal law says nothing on the issue...

                    I hope that explains my reasoning a bit better.

                    I don't blame Christians. I blame Stupid. Which sadly is a much more popular religion these days.

                    by detroitmechworks on Sun Dec 30, 2012 at 03:21:57 PM PST

                    [ Parent ]

                    •  I don't think we should try to craft gun policy (0+ / 0-)

                      in the constitution. The place to do that is in the federal and state legislatures.

                      The reason for repealing the 2nd, IMO, is that it gives the legislatures the freedom to work on the problem without fear of SCOTUS overturning their work specifically because it goes against the (bad) US tradition in this area -- that is more or less what the SCOTUS gun decisions have said: you can't change tradition very much.

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