Comments by "J Nagarya" (@jnagarya519) on "NewsNation"
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@Corwin1141 BASIC LAW:
There are three primary sources in law:
1. The legislative history -- the DEBATES of the WRITING of the Amendment.
2. The Constitution, all of which is in effect at the same time, and which is deliberately general in order to accommodate the unforeseen.
3. Constitutional provisions are implemented by means of STATUTES, which are more detailed and specific.
This is how the law works:
The SOURCES of the Amendment were the Militia Causes from four existing state constitutions. All four distinguished between two military forces: "the right of the people," etc. -- the well-regulated Militia -- and standing armies.
The DEBATES of the WRITING of the Amendment show that the INTENT of the Amendment was to establish a NATIONAL DEFENSE relying on the well-regulated Militia. That is the subject of the Amendment: well-regulated Militia.
That fact is underscored by the Militia Act -- STATUTE -- enacted on May 8, 1792:
"An act more effectually to provide for the NATIONAL DEFENCE by establishing an uniform MILITIA throughout the United States.
There was only ONE "individual right" debated in the several drafts of the Amendment:
": but no person [INDIVIDUAL] religiously scrupulous of [AGAINST] bearing arms [in well-regulated Militia] shall be compelled [INVOLUNTARY] to render military service in person."
That phrase was obviously VOTED DOWN before the Amendment was submitted to the states for consideration and ratification.
And note that the first three words of the Constitution are, "We the people" -- not, "We the individual".
The Constitution, all of which is in effect at all times, incorporates FOUR Militia Clauses, the Second Amendment being the fourth. This is the first:
"Art. I., S. 8., C.15. The CONGRESS shall have Power To provide" -- which it does by enacting STATUTES -- "for calling forth the Militia to execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions."
This is the second:
"Art. I., S. 8., C. 16. The CONGRESS shall have Power to provide" -- by means of STATUTES -- "for organizing, ARMING, and disciplining, the Militia . . . reserving to the States [GOV'TS] respectively, the Appointment of the Officers, and te Authority of training the Militia according to the discipline prescribed BY CONGRESS."
I have an education in law and have been researching these very issues for more than 30 years, which research begins with the laws enacted from the foundings of the several colonies to and through ratifications of state and Federal constitutions. Which means I don't buy the propaganda pumped out by the gun industry -- whose only concern is PROFITS -- and its political front NRA.
I adhere exclusively to the law and facts.
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