Posted on 02/10/2019 6:10:00 PM PST by be-baw
How queer, one weird trick to bypass judicial review and exective power.
But “Trump”....
Not one in ten realize the 17th Amendment so much as preordained a far-Left judiciary. We can howl at the sky all we want, but the situation will only get worse as Congress happily watches federal courts assume more power.
As for the Court's readiness to hear a case, it refers mostly to a cautionary consideration that as the country's ultimate judicial authority, it is usually best for the Court to let a particular legal issue develop through several cases that are fully litigated to reported decisions in the Courts of Appeal. Doing so permits the Court to have the benefit of a range of views from other judges and courts before making a decision that -- good or bad -- may last for decades.
As it happens, the Court will often take up several cases at the same time but then select the one with the best facts and legal arguments to carry the Court's main opinion. And modern communications and litigation strategies and the intensity of American politics often quickly bring major issues to the Court's doorstep for resolution.
As an example of they way things used to happen...
On June 2, 1938, Jack Miller and Frank Layton indicted on a charge of transporting a sawed-off shotgun from Claremore, Arkansas to Siloam Springs, Arkansas on April 18, 1938.
On June 11,1938, United States District Judge Heartsill Ragon issued an opinion swashing the indictment. His opinion:
The indictment is based upon the Act of June 26, 1934, c.757, Section 11, 48 Statute 1239. The court is of the opinion that this section is invalid in that it violates the Second Amendment to the Constitution of the United States providing, "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The two were re-indicted on September 21, 1938.
On January 3, 1939 United States District Judge Heartsill Ragon once again issued an opinion squashing the indictment.
The indictment is based upon the Act of June 26, 1934, C.757, Section 11, 48 Statute 1239. The court is of the opinion that this section is invalid in that it violates the Second Amendment to the Constitution of the United States providing, "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The government appealed on January 30, 1939
The government filed it's appeal to the Supreme Court in March of 1939.
On May 15, 1939, the Supreme Court issued the rather (in)famous Miller decision based on the lies told to it by the government. Miller was not actually represented before the court.
In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.
Emphasis mine.
So, Jack Miller was originally arrested on April 18, 1938, and the final opinion of the Supreme Court was issued on May 15 1939.
Documentation for all of the above is available on my website here.. The timeline is quite different from what we see today is it not?
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