Constitutional Expert:Second Amendment Safe Despite Stevens Call for Repeal

Constitutional Law expert Gerald Treece of the South Texas College of Law in Houston says gun rights advocates shouldn't worry about comments by retired U.S. Supreme Court Justice John Paul Stevens, that the Second Amendment should be 'repealed,' News Radio 1200 WOAI reports.

"The fact that you have a retired justice who disagrees with an opinion, while it makes a good headline, and he is a very brilliant man, I don't think this is going to lead to anything other than you and I talking about what the second amendment means," Treece said.

A new poll also shows one in five Americans agree with Stevens and think the Second Amendment needs to go.

Treece, who is recognized as one of the nation's leading experts on the U.S. Constitution, says the framers intentionally made it difficult to amend the document so it wouldn't simply flow with the whims of public opinion, and the says repealing one of the ten amendments that make up the Bill of Rights would be nearly impossible.

"You just don't re-interpret an amendment," he said.  "Now could you get another amendment to overturn the Second Amendment?  That is possible, but let's face it, these things aren't going to happen."

Treece says the call for repeal of the Second Amendment are reacting to frustration at society's inability to do something about school shooting, and it is not done out of serious concern over the Constitution.

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