Comments by "J Nagarya" (@jnagarya519) on "NBC News" channel.

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  5. 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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  37.  @danjenkins8981  Not at all. The Committee hearing witnesses are all but perhaps two REPUBLICAN TRUMPERS. The evidence the Committee has been presented is "cross-examined" by the prosecutors on staff for veracity and corroboration. Or do you mean the DOJ investigation? First, learn how investigations are conducted, then realize that indictments are tried in court against a defense based on the same evidence. So none of it is "one-sided". During the House impeachment inquiry of "Watergate, the Republicans on the Committee defend Nixon by questioning witnesses and evidence, but in the end the evidence was overwhelming and they voted to impeach. Today's Republican Party -- such as Gym Jordan -- doesn't govern or deal in good faith: we see that when a Committee is holding a hearing on a specific topic, and the Republicans -- Gym Jordan among the worst -- engage in food-fights in effort to subvert the Committee process. In addition, Gym Jordan is a material witness: we do not have the defendant in a proceeding sit as judge on the defendant for reasons that should be obvious. But if you want to erroneously claim that the Committee (or the DOJ) process is "one-sided," then blame REPUBLICAN Kevin McCarthy. He was FOR a commission with equal numbers of Republicans and Democrats, all having equal powers. He had a Republican negotiate that deal with the Democrats -- then, when the deal was agreed McCarthy pulled the rug out from under it. Republican Senator McConnell did the same. So all that was left was to establish a Committee to investigate the insurrection. McCarthy tried to put two material witnesses on the Committee -- Gym Jordan and Banks -- to which Pelosi correctly objected. So McCarthy pulled all the Republicans from the Committee, except Liz Cheney and Kinzinger, because they were known to be OBJECTIVE. Actually, of course, neither the Committee nor the DOJ processes is one-sided: they are functioning as Congressional committees are intended to function: doing the work, instead of turning everything into a circus. And the DOJ is conducting its investigation in keeping with procedures established over hundreds of years.
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  46.  @casper3130  Gun control law has existed since the advent of guns. This is a familiar law -- note the date it was enacted: ___ 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' ____________ 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. ___ And as law evolves, I have numerous other subsequent and more extensive gun control laws extending to and through the 1700s and into the 1800s. ALL enacted by the Founders.
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  48.  @billbillerton6122  This is gun control, and a familiar law. Not the date it was enacted: ___ 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' ____________ 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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