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jimmy the one

(2,720 posts)
32. 1939 Miller decision in supreme court
Mon Dec 3, 2018, 08:34 AM
Dec 2018

(Heller) a political verdict, 5-4, and a subversion of the 2nd amendment by right wing demagogue scalia.

In 1939 the supreme court previously 'last' ruled on the 2ndA, a unanimous 8-0 ruling (1 recusal since new arrival) and offered this interpretation:

The Constitution, as originally adopted, granted to the Congress power -- "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress."
With obvious purpose to assure the continuation and render possible the effectiveness of such {militia] forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.

https://supreme.justia.com/cases/federal/us/307/174/case.html

also in 1939 ruling: 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

This 1939 supreme court ruling on miller was UNANIMOUS. Not one justice felt the above wording to be wrong or misleading about any individual rkba, they clearly called it for the militia interpretation. Not one justice thought 'whoa fellow justices, look how we worded that, future generations are gonna think we're ruling for a militia interp' Nope, all thought it was proper wording.
.. Note, the 9th justice later wrote a book or paper supporting gun control.

Tack on amicus brief citing adams iirc by justice dept in 1938 to the 1939 supreme court re miller: In the only other case in which the provisions of the National Firearms Act have been assailed as being in violation of the Second Amendment, the contention was summarily rejected as follows:
The second amendment to the Constitution, providing, "the right of the people to keep and bear arms, shall not be infringed," has no application to this act. The Constitution does not grant the privilege to racketeers and desperadoes to carry weapons of the character dealt with in the act. It refers to the militia, a protective force of government; to the collective body and not individual rights.
http://www.guncite.com/miller-brief.htm

Scalia kicked stare decisis (scotus bound by previous interpretations handed down thru the years), in the ass & the right wing put him on a pedestal praising his deceitful greatness. Trump one.

US Militia code, circa 1903 under teddy roosevelt: 10 U.S. Code § 246 - Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, .. et cetera:
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

https://www.democraticunderground.com/?com=view_post&forum=1172&pid=206865

Note in class 2, the unorganized militia (99% of americans belong or belonged or will belong) does not meet the requirements of the 2nd amendment, in that, by definition, an unorganized militia is NOT well regulated. It could not possibly be what madison intended in 1791..

Recommendations

0 members have recommended this reply (displayed in chronological order):

Message auto-removed Name removed Nov 2018 #1
That's an odd question. My take is that gun nuts interpret the meaning of the amendment differently Nitram Nov 2018 #2
The "implications" of the well regulated militia clause needledriver Nov 2018 #3
That's your idiosyncratic interpretation. There are two interpretations that are widely accepted Nitram Nov 2018 #4
This message was self-deleted by its author gejohnston Nov 2018 #5
A simple challenge for you hack89 Nov 2018 #6
I make a distinction between owning and practicing the safe use of a firearm, Nitram Nov 2018 #7
We are talking about guns and the militia. hack89 Nov 2018 #8
The history around the Bill of Rights supports my claim. During debates on what rights should be Nitram Nov 2018 #10
Ok. Now show me the case law that says all of that. hack89 Nov 2018 #11
You can start here. Enjoy! Nitram Nov 2018 #15
No. hack89 Nov 2018 #18
"But with the right of gun ownership enshrined in the U.S. Constitution" hack89 Nov 2018 #19
anywhere outside of the South before the mid 1920s gejohnston Nov 2018 #9
Per your request, yagotme Nov 2018 #12
In south central Kansas, some 55 years ago. oneshooter Nov 2018 #13
You've just proved my point. You were not allowed to "bear arms" in school. Nitram Nov 2018 #16
Ok, so you agree that a 10yr old should be allowed to carry a rifle oneshooter Nov 2018 #22
I was given my first rifle at age 10. I would never have been allowed to carry it loaded, not to Nitram Nov 2018 #23
And how long ago was this? oneshooter Nov 2018 #24
1962 Nitram Nov 2018 #25
Were you living in a city/town? oneshooter Nov 2018 #26
Rural Virginia. Nitram Nov 2018 #27
I took my first "big game" with my Grandfathers M92 in 38WCF, no scope. I was 10 years old. oneshooter Nov 2018 #28
Umm, your original question was to "Carry" "into school". yagotme Dec 2018 #30
You do realize that schools used to have gun clubs, don't you? Revanchist Nov 2018 #14
Looks pretty well-regulated to me. Nitram Nov 2018 #17
Poor trigger discipline in some of those pics. yagotme Dec 2018 #31
But nothing to do with the militia, right? Nt hack89 Nov 2018 #29
My daughter's university in Minnasota has secure gun lockers for students hack89 Nov 2018 #21
Yes, there are two interpretations discntnt_irny_srcsm Nov 2018 #20
boring bor jimmy the one Dec 2018 #33
Apologies for the quote. It should heave been, "Jimmy, we have to cook." discntnt_irny_srcsm Dec 2018 #34
both limitation and protection in bor jimmy the one Dec 2018 #36
"...you can lead a horse to water but you cannot make it comprehend..." discntnt_irny_srcsm Dec 2018 #37
I'm so excited, I just can't hide it jimmy the one Dec 2018 #38
re: "Thanks for making my point." discntnt_irny_srcsm Dec 2018 #39
miller said no individual rkba jimmy the one Dec 2018 #40
re: "miller said no individual rkba" discntnt_irny_srcsm Dec 2018 #41
read and understand 1939 miller decision jimmy the one Dec 2018 #42
re: "Abandonment by defense counsel occurs & occurred... You make little sense." discntnt_irny_srcsm Dec 2018 #43
1939 Miller decision in supreme court jimmy the one Dec 2018 #32
In discussing miller provide for us in detail... discntnt_irny_srcsm Dec 2018 #35
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