For Americans, our right to bear arms, granted to us by the Second Amendment, is a vital part of our fundamental freedoms; however, could this cornerstone of our democratic republic be repealed and what would be the consequences? Of course, such a bold suggestion arises only after the deadliest mass shooting in American history which occurred in Las Vegas, Nevada. Fifty-eight people were killed and more than five hundred were injured. This topic has many argumentative standpoints and for this discussion, we are going to review the matter through a Constitutional lens.
Underneath the Constitution and the Bill of Rights , we as American citizens are guaranteed the right to “…keep and bear [a]rms…” (Amendment II). The Second Amendment was, and remains to this day, an essential part of the Bill of Rights which was the driving force for the ratification of the Constitution. For most Americans, to repeal this amendment would greatly infringe on personal rights; however, that does not mean repeal would be impossible. Under Article V, which covers amendments, there are no explicit clauses that mention repeal. The clauses only mention the creation of amendments and the steps necessary to ratify them. This causes somewhat of a dilemma, as there is no process to repeal the Second Amendment. Law, however, when scrutinized, can contain loopholes and we look to the example of the 18th and 21st amendments for guidance. The 18th amendment prohibited the manufacturing and sale of alcohol in the early 1900s; later on, the 21st amendment was ratified in order to repeal the 18th amendment. Legislators used the language of the Constitution to repeal the amendment when there was no procedure for repeal in the first place. They simply utilized the creation clauses for amendments to produce an amendment that made the 18th null and void. From what I have gathered, if Congress were to make a move to fully/partially repeal the Second Amendment, this is the course of action that they would most likely take. Additionally, if Congress were to follow through with this action, there is also another debate to be had over the Bill of Rights. The first ten amendments to our Constitution guarantee and protect our most basic rights and never in our country’s history have any of the amendments in the Bill of Rights been repealed. Issues like these create questions that both politicians and citizens are likely to be debating about heatedly. Questions such as: Does Congress have power to touch any amendment in the Bill of Rights, a document that is the very foundation of this country? If so, what would a repeal of the second amendment symbolize for both the U.S. and its citizens? What could it also signify for the rest of the amendments in the Bill of Rights? How stable are their foundations to withhold this oncoming storm of discussions?
Furthermore, Congress would also run into road blocks such as the procedures necessary to create amendments. First, “two thirds of both Houses” must be willing and deem it necessary to propose amendments to the Constitution (Article V). Afterwards, an even more challenging process follows because then, “three fourths of the…States” must elect to ratify the proposed amendment within each of their legislative bodies (Article V).
While repeal of the Second Amendment, whether it be partial or full repeal, sounds feasible on paper, the reality is that it most likely would not pass through into law because of the human factor. We are a democratic republic and we the people have a voice which demonstrates our will. Since the Second Amendment is such a fundamental right for the American people, it is highly unlikely that the voice of the people would stand by as that right is taken away.
21st Century Citizenship 