General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHas any solid Blue state voted to ratify an Amendment that would repeal the 2nd?
Been bouncing around doing Google searches but haven't found any and I haven't found any sources discussing a serious effort in any state to do so.
SoonerPride
(12,286 posts)Demsrule86
(68,593 posts)2/3 from both houses. And then 3/4 of state legislatures must approve it for ratification...not possible right now.
LonePirate
(13,426 posts)Those are why abortion will be banned in over half the states once SCOTUS issues its ruling the Dobbs case later this month.
gldstwmn
(4,575 posts)But really why should we have to codify these things in our state constitutions? I thought we stopped doing that with Jim Crow.
Demsrule86
(68,593 posts)we don't have 2/3 of the House or Senate to create an amendment. Nor can we get 38 state legislatures to sign on.
inthewind21
(4,616 posts)It takes 38 states to ratify an amendment to the constitution. It would be a waste of time.
FBaggins
(26,748 posts)That isn't how amendments work.
Kaleva
(36,312 posts)"A convention of states is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. They are given power to do this under Article V of the Constitution. "
https://conventionofstates.com/what-is-a-convention-of-states
They can just call for a convention.
The topics would be wide open
Kaleva
(36,312 posts)"The 27-13 vote by the South Carolina Senate gave key approval to the proposal that supporters said would limit the convention to a few items spending checks on the federal government, limiting the federal governments jurisdiction and power, and setting term limits for Congress."
https://www.usnews.com/news/us/articles/2022-03-09/south-carolina-senate-oks-call-for-constitutional-convention
FBaggins
(26,748 posts)Because there is no such option as a convention that is limited to just certain amendments
Kaleva
(36,312 posts)According to some.
"Supporters said whatever amendments suggested by the convention would have to be passed by three-fourths of the states 38 legislatures or special conventions."
https://www.usnews.com/news/us/articles/2022-03-09/south-carolina-senate-oks-call-for-constitutional-convention
ripcord
(5,409 posts)A constitutional convention is not controlled by population but by state votes, it take 34 states to call a convention and 38 to pass an amendment. Right now republicans control 32 of the 50 states and are pushing for a convention, they want to pass a balanced budget amendment and one for congressional term limits. They would love to get into gun laws because they would have the best chance by far of getting their agenda passed.
gldstwmn
(4,575 posts)guns do not be surprised if it happens.
DetroitLegalBeagle
(1,924 posts)Federal law and Constitution has supremacy over state law and constitutions. A state could amend their constitution to ban guns and it wouldn't be valid due to the Federal 2A and Mcdonald ruling.
gldstwmn
(4,575 posts)DetroitLegalBeagle
(1,924 posts)Mcdonald made the 2nd Amendment enforceable against the states through the 14th Amendment.
FBaggins
(26,748 posts)State constitutions are subordinate to the federal one
pwb
(11,276 posts)it can be amended but the process takes a super majority of states. Their color matters not. The Numbers matter and there is no chance to repeal it. Agreeing to Amend it could happen. IMO.
hack89
(39,171 posts)so let's not get too far ahead of ourselves.
hack89
(39,171 posts)repealing the 2A is not a mainstream view, even in blue states. I live in one - supporters can't even get an AWB passed.