Comments by "J Nagarya" (@jnagarya519) on "Sacramento mayor calls for assault weapons ban, takeback | NewsNation Special Coverage" video.
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Refuting the NRA's Two Second Amendment Lies
The gun industry political front NRA tells two lies about the intent of the Second Amendment.
1. That the Second Amendment protects an "individual" "right" to possess guns.
Comparison with the several prior Supreme Court decisions, and the legislative history -- the Congress' Debates of the writing of the Amendment, which are LEGAL AUTHORITY -- shows that Scalia's "Heller" decision is an outlier. In "Heller" he falsely held that the Amendment protects an individual right -- for which he was excoriated by legal experts across the political spectrum for ignoring this adjudicatory standard:
When a conflict over the interpretation of a law cannot be resolved within the text of the law, one reverts to the legislative history of the law -- in this instance Congress' Debates of the writing of the Amendment.
The facts from those Debates:
The subject of the Amendment is well regulated Militia, and its purpose to establish a National Defense, relying on that Militia. The Militia is not an individual, and is a public institution, regulated under both Federal and state constitutions and laws; thus the Amendment is irrelevant to the issue of private, individual gun ownership:
James Madison is called "the father of the Constitution," and the gun industry/NRA claims that Madison wrote the Second Amendment. If both of those are facts, then the word "people" is consistent in meaning from beginning of the Constitution to the end of the first 10 Amendments. The first three words of the Constitution are "We the people," not, "We the individual".
This is the first draft of that which became the Second Amendment, which the gun industry/NRA calls the "Madison" Amendment -- but which it never quotes. [Here I clarify it for the logic-impaired]:
"The right of the people [PLURAL] to keep and bear arms [this phrase is the well-regulated Militia, and was drawn from four state constitution Militia Clauses] shall not be infringed; a well armed, and well regulated militia being the best security of a free country: but no person [INDIVIDUAL] religiously scrupulous of [AGAINST] bearing arms [in well-regulated Militia] shall be compelled [INVOLUNTARY] to render military service [in well-regulated Militia] in person."
Source: Creating the Bill of Rights: The Documentary Record from the First Federal Congress (Baltimore: Johns Hopkins University Press, Paperback, 1991), Edited by Helen E Veit, et al., at 12. (This volume is readily available from Amazon.)
Note the word "compelled": Militia service was a DUTY -- not a "right". And note the words "people" and "person": if a person -- individual -- claimed "religious" exemption from that DUTY, his case was scrutinized individually.
The only "individual" "right" Congress debated was that last clause -- "but no person religiously scrupulous of bearing arms shall be compelled to render military service" -- and it was obviously dropped from the proposed Amendment before it was ratified. Thus the Second Amendment obviously does not protect "individual" ANYTHING.
Only by ignoring the legislative history -- Congress' Debates of the writing of the Amendment, which are LEGAL AUTHORITY -- could Scalia falsely hold that the Amendment protects an "individual" "right".
2. That the purpose of the Amendment was to establish a "right" to "take up arms" against the gov't -- which is refuted by the Constitution itself:
Art. I., S. 8., C. 15. The Congress shall have Power To provide for calling forth the Militia to . . . SUPPRESS INSURRECTIONS.
The Founders themselves twice established the precedent on the point:
Under the Articles of Confederation, "Shays's" rebellion was suppressed by the state's legitimate well-regulated Militia, and the rebels charged with, tried for, and convicted of, TREASON, and sentenced to death.
And under the Constitution, AFTER the Second Amendment was ratified, the "Whiskey" rebellion was suppressed by Federalized Militia, lead by George Washington, and the rebels charged with, tried for, and convicted of, TREASON, and sentenced to death.
The Congress, as a co-equal branch of gov't, has the authority and power to overturn Supreme Court decisions.
Overturn "Heller".
PLEASE CIRCULATE INTACT.
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@Tink70 I'm "impressed" with your literacy.
This is a familiar law. Note the date it was enacted:
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At a
GENERAL COURT
Held at Bofton the 3d of May
1676.
This COURT taking into Confideration the great Diffappointment the Countrey hath fuffred by reafon of non-appearance of Souldiers Impreffed for feveral expeditions: Do judge meet that every perfon Impreffed as a Souldier for the Service of the Country, and neglecting to make his appearance according to Order: every fuch Foot Souldier fhall pay the fum of four Pounds, and every Trooper fhall pay the fum of fix Pounds: and if their neglects or refufal be accompanied with Refractorinefs, Reflection or Contempt upon Authority, fuch perfon fhall be punished with Death, or fome other Grievous punifhment.
And the Committee of Militia in the feveral Towns where the offence is committed are hereby impowered and required to call before them all fuch as fhall be Delinquents as is above expreffed, and on Conviction of their neglect to give Warrent to the Conftable to levy the faid fines, which faid fines fhall be improved to purchafe Arms for the Towns ufe; Provided it fhall be in the power of the Council upon Petition of any perfon agrieved, and juft reafon alleadged and proved to make abatement of the faid fines as in their wifdome and difcretion they fhall judge meet. And it is hereby Ordered that the return of all neglects and defects in the cafes aforefaid, be fent to the Committee of Militia in the feveral Towns, who are hereby required to take care for the ftrict Execution hereof.
By the COURT Edward Rawson Secr.
"The Colonial Laws of Massachusetts. Reprinted from the Edition of 1672, With the Supplements Through 1686." (Boston, MA: Rockwell and Churchill, City Printers, 1890), Edited by William H. Whitmore, at 343.
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FYI:
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No law protects private fake "militia":
See _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008), citing _Pressor v. Illinois_, 116 U.S. 252 (1886), both of which are available via "Google" search:
The Second Amendment "does not prevent the prohibition of private paramilitary organizations".
In fact, all 50 states classify such fake "militia" as paramilitary organizations and PROHIBIT them.
Pick your state:
https://www.law.georgetown.edu/icap/our-work/addressing-the-rise-of-unlawful-private-paramilitaries/state-fact-sheets/
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@AberdolphLinklr I hear your racism as substitute for knowing what you're talking about.
1. Mexican and Central American criminals are buying guns in Texas and bringing them back to their own countries.
2. I'm not your "friend": I adhere to facts, law and reason. REPUBLICAN Texass Gov. Abbott signed laws eliminating background checks, thereby making it legal for criminals to buy guns legally.
3. Non-criminals will "always" have guns until they kill someone thus making themselves into criminals.
4. The illegal guns in Chicago are trafficked in from lax-gun control REPUBLICAN-controlled Indiana. Illegal guns are trafficked into New York state from Vermont and other states with lax-gun control The solution is FEDERAL law to interdict that illegal inter-state trafficking in order to protect STATES' RIGHTS.
I don't do propaganda, law-illiterate; I do LAW:
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No law protects private fake "militia":
See _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008), citing _Pressor v. Illinois_, 116 U.S. 252 (1886), both of which are available via "Google" search:
The Second Amendment "does not prevent the prohibition of private paramilitary organizations".
In fact, all 50 states classify such fake "militia" as paramilitary organizations and PROHIBIT them.
Pick your state:
https://www.law.georgetown.edu/icap/our-work/addressing-the-rise-of-unlawful-private-paramilitaries/state-fact-sheets/
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And this is a familiar law -- gun control law has existed since the advent of guns.
Note its date of enactment:
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AT A COUNCIL Held at Boston, March 28, 1678.
Whereas many Complaints have been made, that feveral Persons have been killed by such as have pretended to have fhot at Fowle, birds &c. and that in or near Highwayes; and many take the boldnefs upon them, Youths and grown Perfons, too frequently to fhoot within the Limits of Towns, Orchards, Gardens, &c. with bullets, greater or fmaller fhot, on pretence of fhooting at Marks, Birds, Fowle &c. whereby Perfons are endangered to be killed in their Gardens, Orchards, or adjacent Commons; To prevent fuch inconveniences and mifcheifs for the future,
It is hereby Declared and Ordered, That all or any Perfon or Perfons of what age or Condition foever, that fhall henceforth prefume to fhoot off any Gun or Guns, charged with Bullet or Bullets, Swan, Goofe, or other fhot towards any Mark or place that the Militia in fuch Town or Towns have not appointed; or fo near or into any Houfe, Barn, Garden, Orchards or Highwayes in any town or towns of this Jurifdiction, whereby any perfon or perfons fhall or may be killed, wounded, or otherwife damaged, fuch perfon or perfons fo offending fhall be proceeded againft either as Murtherers, of fuch as have wounded or damaged any perfon or perfons in fuch place or places, fhall be liable to anfwer it, and to make full fatiffaction in all refpects to fuch perfon or perfons both for cure and damage; and be alfo liable to fuch further punifhment as the Authority of the place that hath Cognizance of the offence fhall appoint : And where either they be Servants or Youths under their Parents or Mafters and fhall not be able to make fuch fatifaction, fuch Parents or mafters fhall be liable to make full and due fatifaction in all respects : And the Select men of each town are hereby appointed to fee that this be put in execut[ion.]
By the Council. Edward Rawson Secr'
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William Whitmore, "The Colonial Laws of Massachusetts-Bay. Reprinted from the Edition of 1672, with the Supplements Through 1686" (Boston: Rockwell and Churchill, City Printers, 1890), Edited by William H. Whitmore, at 349.
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