If no law can be made which abridges the Constitution how is it legal for them to take a constitutional right as such?

Asked over 1 year ago - Phoenix, AZ

If no law can be made which abridges the Constitution how is it legal for them to take a constitutional right such as the 2nd amendment? I dont get it so can they make a federal law that denies you the right to freedom of speech because of a felony?

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  1. Lester Mike Paredes

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    Answered . When the SCOTUS basically amended the Constitution in 2008 to say that the Second Amendment is an individual right, rather than a right to keep a well regulated militia, they specifically exempted their new law from affecting the laws that prohibit ex-felons from possessing a firearm.

    To your larger point, every right has a number of exceptions.

  2. Rixon Charles Rafter III

    Contributor Level 20

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    Answered . You should read the Constitution yourself, then ask. You appear to have jumbled a few concepts together. http://www.archives.gov/exhibits/charters/const...

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  3. Alan James Brinkmeier

    Contributor Level 20

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    Answered . When a person becomes a criminal felon convict that person has waived certain inalienable rights of citizenship.

    Read the document and you will see how our founding fathers evisioned it would work.

    The US Constitution is a wonderfully crafted set of rights and obligations. When a person becomes a felon convict that person omits that part of the obligation of citizenship that enables that person to enjoy the freedoms of democracy.

  4. Steven W Zachary

    Contributor Level 17

    Answered . There are a number of laws at play. A person has received due process before they have their rights taken. You should study the case law on this topic but it has been litigated.

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