Legal Question in Constitutional Law in Florida

Presidential Power and the Second Amendment

In spite of what the NRA is now claiming in regards to Obama, does any sitting president have the power to personally overturn the Second Amendment and the right for a citizen to bear arms?


Asked on 10/17/08, 10:00 am

2 Answers from Attorneys
Jason Pollack Jason A. Pollack, Esq.

Re: Presidential Power and the Second Amendment

The executive (the President) has no such power. There are only two ways that the Constitution can be amended (see Article V):

1. Congress can propose an amendment (which must be approved by 2/3 vote by BOTH houses. Once approved, the States must then ratify it by a 75% majority vote of all States.

2. 2/3s of the States can agree to call a Constitutional Convention at which time amendments can be suggested. Again, 75% of the States must then ratify it.

(The State legislatures are the voters, not the governors.))

Read more
Answered on 10/17/08, 2:44 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Presidential Power and the Second Amendment

The president does not have the ability to overrule an amendment.

Read more
Answered on 10/17/08, 11:02 pm


Related Questions & Answers

More Constitutional Law questions and answers in Florida