Posted by admin | Posted in Baseball | Posted on 28-06-2009
Tags: blog, freedom, government, liberty, politics, statue, usa, war, worth liberty away, worth liberty away helmet
can the U.S Government take away liberty ,guns etc?
someone said , you can amend the constitution (re-write)
can the government do that , if the congress and senate approved it?
someone said this , is this true, can the government really do that?
Yes. There is a way that the constitution can be completely dismantled. It's a procedure called a Constitutional Convention. You have to have a request from 32 to call for one. type of procedure and the constitution can be adjusted by any means the elected officials see fit. This means they can abolish the right to bear arms and even remove freedom of speech and the press."
Short answer NO the federal legislature (Congress and Senate) cannot take away basic rights found in the Constitution.
Amending the Constitution is a pretty long drawn out issue... Article 5 of the Constitution states that 2/3 of both Houses can propose Amendments to this Constitution, or, on the Application of the Legislatures of 2/3 of the States, shall call a Convention for proposing Amendments. However, after an amendment is proposed 3/4 of the states must approve it before it becomes effective.
Now the legislature can pass laws that affect our liberty, guns, etc. and regulate those rights to a limited extent but that is not the same as taking those rights away. Further, the Court system would have judicial review of those laws if they were challenged.
Judicial review is set at a certain standard (strict scrutiny I think -- for individual express constitutional rights) so that the government has to limit our rights in the minimum amount necessary to protect its legitimate government/national interests.
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