Is repealing the Second Amendment possible or easier said than done?

Mar 27, 2018

1 min

Joel Paul

On Tuesday, retired Supreme Court justice John Paul Stevens called for the repeal of the Second Amendment. It appeared an Op-Ed in the New York Times and has been taking the news and political worlds by storm.


It’s not often a justice leaves his position of objectivity, even if retired. But at the age of 97, the former justice who was first appointed to the Supreme Court in 1975 by then President Gerald Ford weighed in calling the amendment a “relic of the 18th century.”


However, it takes more than just a stroke of the pen or a simple impassioned vote to accomplish this.


In fact, to repeal the Second Amendment would be require both houses of Congress proposing the amendment with a two-thirds vote, or two thirds of state legislatures calling on Congress to hold a constitutional convention.


It would then have to be ratified by three-fourths of the states or state legislatures.


There’s a lot of math involved there. As well, an equal amount of legal and constitutional perspective required. That’s where the experts from the UC Hastings College of Law can help.


Joel Paul is an expert in the field of constitutional law. He is available to speak with media regarding just what it might take to repeal a constitutional amendment. Simply click on his icon to arrange an interview.


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Joel Paul

Joel Paul

Albert Abramson '54 Professor of Law

Contacts: paulj@uchastings.edu / 415-565-4638 / Office 312-200

Public International LawInternational Economic Law and PolicyPresidential Powers in Foreign AffairsInternational Business TransactionsNational Security Law