Comments by "J Nagarya" (@jnagarya519) on "Rebel HQ"
channel.
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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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The FOUNDERS CONFISCATING Guns --
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Chapter DCCXXIX.
An Ordinance Respecting the Arms of Non-Associators.
Whereas the non-associators in this state have either refused or neglected to deliver up their arms according to the resolves of the honorable Continental Congress and the assembly of Pennsylvania, and effectual measures have not been taken to carry the said resolves into execution:
[Section I.] Be it therefore ordained by the authority of this Convention, That the colonel or next officer in command of every band of militia in this state is hereby authorized, empowered and required to collect, receive and take all the arms in his district or township nearest to such officer which are in the hands of non-associators in the most expeditious and effectual manner in his power, and shall give to the owners receipts for such arms, specifying the amount of the appraisement; and such as can be repaired shall with all possible dispatch be rendered fit for service, and the value according to the appraisement of all such arms, together with the repairs and transportation, shall be paid to the officers by the treasurer on the order of the council of safety for the use of the owners and defraying the charges.
[Section II.] And be it further ordained, That the same arms shall be appraised by any three reputable freeholders appointed by the commanding officer; but if the owner of any arms shall neglect or refuse to apply for such money within six months the same shall be applied towards the repairs of the arms; and the colonels are hereby authorized to draw for the necessary sums of money for the purposes aforesaid on the council of safety.
[Section III.] And it is further ordained, That the colonels aforesaid shall arm the associators with the said arms and keep an account to whom they are delivered and return the same to the council of safety; and every associator shall be answerable for such arms or the value unless lost or destroyed by some unavoidable accident or in actual service.
[Section IV.] And be it further ordained, That in case any arms so collected shall not be worth repairing, the same shall be laid by until such time as may be thought proper by the committee of the county to return them to the owners.
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Passed July 19, 1776. "Ordinances passed by the Constitutional Convention, June-September, 1776," The Statutes at Large of the State of Pennsylvania from 1682 to 1801, Vol. IX, 1776 to 1779 (Wm. Stanley Ray, State Printer of Pennsylvania, 1903), Edited by Commissioners James T. Mitchell and Henry Flanders, at 11.
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"No Collusion"?
Trump's July 27, 2016 Solicitation of Crime with Russia.
This is Webster's definition of "collusion":
"Secret agreement or cooperation for a fraudulent or deceitful purpose".
How many Trumpeters lied about their contacts with Russians during the Trump-Putin COLLUSION?
THIS IS THE LAW:
The Model Penal Code defines solicitation as commanding, encouraging, or requesting another person to engage in conduct that constitutes a crime or an attempt to commit a crime (with the intent that the crime be committed). Model Penal Code S. 5.02(1) (1962). Generally the code provides that solicitation be as punishable as the crime solicited. Id. at S. 5.05(1). Law Dictionary, Giffis, at 446.
THIS IS THE EVIDENCE:
We have Trump on video, in broad daylight, soliciting Russia:
"Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing."
To "find" those emails required computer hacking. Computer hacking is a felony.
In fact, he solicited a series of felonies, beginning with computer hacking and stealing private property, through to receiving and possessing that stolen property.
And we know that on the same day as Trump's solicitation, within hours thereafter, Russia hacked computers and stole the emails. That made Trump a co-conspirator with Russia.
That conspiracy is an additional felony.
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PLEASE CIRCULATE INTACT.
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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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