Comments by "J Nagarya" (@jnagarya519) on "MTG Ripped For Offering Only Prayers After Georgia School Shooting" video.

  1. Do nothing about it, then when it happens call it "evil," as if it has nothing to do with doing nothing about it.
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  2. To Mike Collins -- ___ No law protects private/fake "militia" This chronology illustrates both the evolution, elaboration, and increasing specificity of law, and its continued consistency over centuries: ____ Militia Act from October 1658 (rendered in contemporary spelling): "Military, [S.] 11. . . . It is Further Ordered, that henceforth all warrants for impressing [e.g., DRAFTING] & raising of soldiers for any expedition, shall be directed to the Committee of militia of the several Towns who may execute the same by the Constable & the said Committee are hereby impowered & required to suppress all raising of soldiers, but such as shall be by the authority of this government." For emphasis: "the said Committee are hereby impowered & required to SUPPRESS all raising of soldiers, but such as shall be by the authority of this government." The Colonial Laws of Massachusetts. Reprinted from the Edition of 1660, with the Supplements to 1672. Containing Also, the Body of Liberties of 1641. (Boston: Rockwell & Churchill, City Printers, Published by Order of the City Council of Boston, 1889), William H. Whitmore, Record Commissioner, at 179. In the above, "Committee of Militia" is part of the town gov't. Above the town gov't and "Committee" was a military command structure, in law, which included, at the top, the governor as commander-in-chief of the Militia. The governor was not going to "take up arms" against the gov't/himself. ___ Rendered in contemporary spelling: At a GENERAL COURT Held at Boston the 3d of May 1676. This COURT taking into Consideration the great Disappointment the Country hath suffered by reason of non-appearance of Soldiers Impressed [DRAFTED] for several expeditions: Do judge meet that every person Impressed [DRAFTED] as a Soldier for the Service of the Country, and neglecting to make his appearance according to Order: every such Foot Soldier shall pay the sum of four Pounds, and every Trooper shall pay the sum of six Pounds: and if their neglects or refusal be accompanied with Refractoriness, Reflection or Contempt upon Authority, such person shall be punished with Death, or some other Grievous punishment. And the Committee of Militia in the several Towns where the offence is committed are hereby impowered and required to call before them all such as shall be Delinquents as is above expressed, and on Conviction of their neglect to give Warrant to the Constable to levy the said fines, which said fines shall be improved to purchase Arms for the Towns use; Provided it shall be in the power of the Council upon Petition of any person aggrieved, and just reason alleged and proved to make abatement of the said fines as in their wisdom and discretion they shall judge meet. And it is hereby Ordered that the return of all neglects and defects in the cases aforesaid, be sent to the Committee of Militia in the several Towns, who are hereby required to take care for the strict 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. Law REGULATES -- which includes imposition of PENALTIES. ___ The "Declaration of Independence," which applied exclusively to England, includes a list of grievances against King George III, these two of which are directly on point: "He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislatures." "Legislatures" MAKE LAW, which REGULATE. "He has affected to render the Military independent of and superior to the Civil Power." "Civil Power" is the gov't, which is by definition rule of law. As John Adams, who participated in writing the "Declaration," and authored the Massachusetts constitution, said: "A system of Laws, and not of men." ___ June 21, 1788: Ratification of the US Constitution completed: "Art. I., S. 8., C. 15. The CONGRESS shall have Power To provide for calling forth the Militia to execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions." "Art. I., S. 8., C. 16. The CONGRESS shall have Power To provide for organizing, ARMING, and disciplining, the Militia . . . reserving to the States [GOV'TS] respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed BY CONGRESS." "Art. 4, S. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and . . . against domestic Violence." "Amendment I. Congress shall make no law . . . abridging . . . the right of the people PEACEABLY to assemble." "Amendment XIV., S. 3. No person . . . who, having previously taken an oath . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof", shall be eligible for any US or state gov't office, civil or military. ___ The first Congress, both House and Senate, under the newly-ratified Constitution, debated and wrote the proposed Bill of Rights. The Debates of that which became the Second Amendment show its purpose was to establish a National Defense relying on the well-regulated Militia -- standing armies being feared. September 28, 1789: Proposed Bill of Rights submitted to the states for consideration and ratification consisted of TWELVE proposed amendments; the first two were rejected, making the 3rd the 1st, and making the 4th the 2nd. December 15, 1791: Ratification of remaining Ten Amendments completed. ___ Constitutional provisions are implemented by means of statutes: May 2, 1792: "An Act to provide for calling forth the Militia to execute [ENFORCE] the laws of the Union, suppress insurrections and repel invasions." May 8, 1792: "An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States." More than two years AFTER the Second Amendment was ratified, Congress enacted a Militia Act in response to the "Whiskey" insurrection: November 29, 1794: "An Act to authorize the President to call out and station a corps of Militia, in the four western Counties of Pennsylvania, for a limited time." And this is how, per Art. I., S. 8., C. 16, the Militia is ARMED: July 6, 1798: "An Act providing Arms for the Militia throughout the United States. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe. . . . ___ Source of all US statutes above: The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 2, 1845. Vol. I. (Boston: Charles C. Little and James Brown, 1845), By Authority of Congress, Edited by Richard Peters. ___ From Supreme Court decision _Presser v. Illinois_, 116 U.S. 252 (1886): "(115) . . . . It cannot be successfully questioned that the state governments, unless restrained by their own constitutions . . . have . . . the power to control and regulate the organization, drilling, and parading of military bodies and associations . . . . (116) The exercise of this power by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine." ___ From _District of Columbia v. Heller_, 554 U.S. 570, 621 (2008) citing _Presser_: The Second Amendment "does not prevent the prohibition of private paramilitary organizations". ___ In fact, all 50 states classify such fake "militia" as "paramilitaries" 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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  3. Refuting the NRA's Two Second Amendment Lies The gun industry's propaganda arm 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's 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's Debates of the writing of the Amendment. The facts from those Debates: The purpose of the Amendment was to establish a National Defense, relying on the well-regulated Militia, as substantiated by the Militia Act of May 8, 1792: "An act more effectually to provide for the NATIONAL DEFENCE by establishing an uniform MILITIA throughout the United States." The Militia is not an individual; it is a public institution and an arm OF gov't, regulated and governed under both Federal and state constitutions and laws. 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, via its propaganda front NRA, claims that Madison wrote the Second Amendment. If both of those are facts, then the word "people" is consistent in meaning from the 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 the gun industry/NRA calls the "Madison" Amendment, which became the Second Amendment -- but which it never quotes. [In brackets 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" debated regarding the amendment was the last clause -- ": but no person religiously scrupulous of bearing arms shall be compelled to render military service in person." -- That clause is clarified by this provision in the New York constitution adopted on April 20, 1777: "XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times here-after, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature, be worth.[FN 13] And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State. "FN 13. This exemption-fee was fixed at £10 per annum by the act of April 3, 1778, organizing the militia of the State." And that clause -- ": but no person religiously scrupulous of bearing arms shall be compelled to render military service in person." -- was obviously voted down before the proposed amendment was submitted to the states for consideration. Thus the Amendment obviously does not protect "individual" ANYTHING. Only by ignoring not only the existing state constitutions and laws which eventuated in the US Constitution, and the Congress's own legislative history -- the Debates of the writing of the Amendment are LEGAL AUTHORITY -- could Scalia falsely hold that the Amendment protects an "individual" "right". 2. That the purpose of the Second 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 execute [ENFORCE] the Laws of the Union, SUPPRESS INSURRECTIONS, and repel Invasions". And on May 2, 1792, the Congress enacted this Militia Act: "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." And the Founders themselves twice established the precedent on the point: Under the Articles of Confederation, "Shays's" insurrection was suppressed by the state's Militia, reinforced by a DRAFT, and the insurrectionists charged with, tried for, and convicted of, TREASON, and sentenced to death. Under the Constitution -- more than two years AFTER the Amendment was ratified -- the "Whiskey" insurrection was suppressed by Federalized Militia, lead by George Washington, and the insurrectionists 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 outlier Heller and its progeny. PLEASE CIRCULATE INTACT.
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