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Response to Eugene (Original post)

Mon Dec 3, 2018, 08:34 AM

32. 1939 Miller decision in supreme court

(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..

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Arrow 43 replies Author Time Post
Eugene Nov 2018 OP
Name removed Nov 2018 #1
Nitram Nov 2018 #2
needledriver Nov 2018 #3
Nitram Nov 2018 #4
gejohnston Nov 2018 #5
hack89 Nov 2018 #6
Nitram Nov 2018 #7
hack89 Nov 2018 #8
Nitram Nov 2018 #10
hack89 Nov 2018 #11
Nitram Nov 2018 #15
hack89 Nov 2018 #18
hack89 Nov 2018 #19
gejohnston Nov 2018 #9
yagotme Nov 2018 #12
oneshooter Nov 2018 #13
Nitram Nov 2018 #16
oneshooter Nov 2018 #22
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oneshooter Nov 2018 #24
Nitram Nov 2018 #25
oneshooter Nov 2018 #26
Nitram Nov 2018 #27
oneshooter Nov 2018 #28
yagotme Dec 2018 #30
Revanchist Nov 2018 #14
Nitram Nov 2018 #17
yagotme Dec 2018 #31
hack89 Nov 2018 #29
hack89 Nov 2018 #21
discntnt_irny_srcsm Nov 2018 #20
jimmy the one Dec 2018 #33
discntnt_irny_srcsm Dec 2018 #34
jimmy the one Dec 2018 #36
discntnt_irny_srcsm Dec 2018 #37
jimmy the one Dec 2018 #38
discntnt_irny_srcsm Dec 2018 #39
jimmy the one Dec 2018 #40
discntnt_irny_srcsm Dec 2018 #41
jimmy the one Dec 2018 #42
discntnt_irny_srcsm Dec 2018 #43
LineReply 1939 Miller decision in supreme court
jimmy the one Dec 2018 #32
discntnt_irny_srcsm Dec 2018 #35
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