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To: mosaicwolf
the wrongly decided case of US vs Miller in 1934.

It wasn't eactly wrongly decided. The lawyers for the defendant (Miller) never showed up to offer arguments. Therefore the Government won by default. Not exactly a stellar moment in the annals of USSC history.

40 posted on 11/09/2007 5:28:43 AM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: ExSoldier
The government didn't win Miller. Nobody won Miller. The case was remanded for further evidence, and died from neglect.
98 posted on 11/09/2007 7:21:38 AM PST by ctdonath2 (The color blue tastes like the square root of 0?)
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To: ExSoldier

My recollection is that there were actually two defendants, though I can’t recall the details of how that came about.

You’re on the right track, but the gun-grabbers did NOT “win”. See my previous post for further explanation.


199 posted on 11/09/2007 10:00:42 AM PST by GovernmentShrinker
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To: ExSoldier
the wrongly decided case of US vs Miller in 1934.

It wasn't eactly wrongly decided.

I beg to disagree. The court's finding was that the short barrelled shotgun was not a suitable military arm. Well, it has been since WWI and is still in use today in Iraq and Afganistan.

305 posted on 11/09/2007 12:18:02 PM PST by Nachoman (My guns and my ammo, they comfort me.)
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To: ExSoldier
The lawyers for the defendants didn't show for oral argument and the case ended up being remanded to a lower court. I've always felt that the Supremes weren't trying to make a grandiose decision on the meaning of the 2nd Amendment. Gun Controllers have warped Miller into being the final word on the 2nd Amendment. This new case is a chance for the Nine High Priests Of Justice to start anew and get it right this time.
327 posted on 11/09/2007 12:50:34 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: ExSoldier

My understanding is that Miller was dead, and his lawyer didn’t even get notified.

The fix was in, I tell ya.

Still, the SCOTUS knew that they were being railroaded, so they wrote in a few weasel words to make life difficult for the Roosevelt Administration in their attempts to use it as precedent. Important to know the time frame re: FDR’s court packing scheme.


1,220 posted on 11/18/2007 8:37:27 PM PST by donmeaker (You may not be interested in War but War is interested in you.)
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