How To Create A Constitutional Amendment

Changing the Second Amendment of the Constitution

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The second amendment has given Americans the right to bear arms since 1791 but now parts of America believe it needs to be repealed. The right to bear arms is a constitutional right and a very emotive subject for some folks, particularly those who feel they need guns to protect themselves and their property. Over the years, the second amendment has been challenged and clarified but it's never been changed. Will that change now that there's pressure from citizens and the media to repeal the law or make changes to bring it up to date?

Calls to Repeal

The current arguments that the law is outdated are nothing new. Back in 2008, the Supreme Court decided in the District of Columbia versus Heller case that the Second Amendment protects an individual's right to own a firearm for lawful purposes, such as self-defense within the home. As a result of the ruling, it was decided that the Firearms Control Regulations Act of 1975, that required lawfully owned guns to be kept unloaded, disassembled and bound by a trigger lock, was unlawful.

Proposed Changes

John Paul Stevens, who worked as an associate justice of the Supreme Court for 35 years has made a proposal that's gaining support and asking questions that some Americans aren't willing to ask of the Second Amendment. In his book "Six Amendments: How and Why We Should Change the Constitution" he argues that each state needs to be able to make amendments to the law to cover their own particular needs. While a city like Chicago faces challenges due to street gangs most rural areas don't so why should gun control be the same in every state?

Wording

In his book, John Paul Stevens argues that adding five words to the following part of the Second Amendment would better serve America.

At the moment the Second Amendment reads:

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Stevens would like to add "when serving in the Militia" to the statement as set out below:

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.

Original Purpose of the Second Amendment

By adding "when serving in the Militia" to the amendment, Stevens argues that it would bring the Second Amendment back to the original purpose it served - to allow citizens to carry arms so they could form a militia to keep the federal government in check. The independence of each state was at the heart of the Second Amendment, but today this part of the constitution stops states from acting independently so should it be repealed as Stevens and others believe?

Never Say Never

When you have a President who says the "Second Amendment will never be repealed" what chance is there of any change to the law? Although President Trump says it'll never happen, it can be changed. To change the constitution is a massive task that takes a two-thirds majority vote in each chamber of Congress followed by ratification by three-quarters of the 50 states. The most recent amendment to the Constitution happened in 1992. Nothing since has come anywhere close to success.