United States v. Miller Kalyn Reading The case of the United States vs Miller is an intriguing case to say the least. It started with two men trying to transport sawed off shotguns and ended with a little bit of blood and some prison time. This was a case best explain by Doctor Brian L Frye in his paper The Peculiar Story of United States vs. Miller. “On June 2, 1938, Miller and Layton were both indicted on one count of violating 26 U.S.C. § 1132(c) by transporting an untaxed short-barreled shotgun in interstate commerce. Both Miller and Layton pleaded guilty, but Ragon refused to accept their plea and appointed Paul E. Gutensohn as counsel. The Fort Smith, Arkansas, Southwest American reported that "Jack Miller and Frank Layton …show more content…
The Court’s decision of 15 May 1939 was unanimous. “However, Justice Douglas recused himself, most likely because he was appointed to the Court on 4 April 1939, and so had not heard oral arguments on 30 March. Justice James Clark McReynolds delivered the six-page decision. The first third contained almost the entire text of the indictment; the full text of the National Firearms Act; the claims by Miller and Layton to Judge Ragon that NFA ’34 was unconstitutional. They had explained that the National Firearm Act of ‘34 attempted to usurp police power reserved to the States by taxing items and also that the United States had the power to regulate the types of guns which they argued violated the Second Amendment. The court summarily dismissed – with a paragraph of case citations – "the objection that the Act usurps police power reserved to the States". According to The U.S. v Miller Case, Revisited the cases cited showed that Congress could impose taxes as it saw fit, if such taxes were meant to raise meaningful amounts of revenue, even if the States had the powers to regulate possession of or commerce in the items in question. Justice McReynolds then dealt with the remaining matter, the scope of the Second Amendment. In a single paragraph the Court narrowly defined the issue. The question turned on the nature of the short-barreled shotgun: "In the absence of any evidence tending to show that possession or use of a ’shotgun …show more content…
This case is also regularly cited in other Supreme Court cases and is often a deciding factor. It has been used in cases like Konigsberg v. State Bar “That view, which of course cannot be reconciled with the law relating to libel, slander, misrepresentation, obscenity, perjury, false advertising, solicitation of crime, complicity by encouragement, conspiracy, and the like, is said to be compelled by the fact that the commands of the First Amendment are stated in unqualified terms: "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . ." But as Mr. Justice Holmes once said: "[T]he provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth." Gompers v. United States, “However, compare the qualified language of the Second Amendment: "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." And see United States v. Miller, 307 U.S. 174.” Heart of Atlanta Motel v. United States
Miller proceeded to file a motion for a new trial and felt that sentencing someone his age to life without parole was constituted as cruel and unusual punishment
Miller and Layton's case was tried in an Arkansas district court by Judge Hiram Heartsill Ragon. On June 2, 1938 Miller and Layton pleaded guilty to one count of illegally transporting an untaxed short-barreled shotgun in interstate commerce, but Judge Ragon did not accepted their plea(NYU Law, 59).
The United States v. Lopez case was about Alfonzo Lopez, a 12th grade student from San Antonio, who came to school carrying a hidden weapon. Under Texas law he was charged with possession of a firearm. Later on he was dismissed of this violation and was later charged with “federal criminal statute”. He was found violating “ The Gun-Free School Act”, which was created in 1990. His sentence was 6 months in prison and two years of being supervised while being released.
Prosecutors and defense attorneys spent most of last Thursday morning in chambers with the judge regarding motions in the Mark Miller case. In some brief remarks in open court following the meeting, it appeared the case of the well-known Jasper attorney accused of taking as much as $2 million from clients will be heading to trial within the month unless a plea deal is reached. Senior Judge Richard Winegarden, who has handled all hearings in this case since Miller was arrested in June, granted a request by the prosecution to delay the trial from its original March 6 opening but made it plain he intends for it to start some time in March. Winegarden was assigned the case after all local judges recused themselves.
Westover v United States: In Kansas City, Westover was arrested as a suspect in two Kansas City robberies. The FBI received a report that Westover was wanted in California on a felony charge. The night of the arrest and the next morning, Westover was questioned by local police. FBI agents also interrogated Westover for two and a half hours at the station. Westover signed two statements, which were prepared by one of the agents during the questioning, to both California robberies.
Justices Breyer, Ginsberg, Souter, and Stevens were those who dissented. I found the dissent opinion written by Breyer to be very interesting. Justice Breyer concluded, “a sounder approach would be a “balancing test” that focuses on “practicalities” (Rose, August 20, 2010, Pg. 1). To me this sounds as if government agents would have the right to determine how practical a citizen’s constitutional rights are and limit those rights by their will. Furthermore, Breyer believe that by taking account of the evidence of gun crime and gun violence relative to location the ban would be constitutional.
Case Law Brief Presser v. Illinois , 116 U.S. 252 ( 1886) By: Ryan Garcia ADJU 203 Concepts of Criminal Law Class Dr. Bryan Silva, Professor Administration of Justice Department Center for Advances Technologies (CAT) Modesto Junior College March 8, 2017 Issue Before the Court: Can states issue laws that restrict citizens freedom to gather in a militia-style group while bearing arms?
In an attempt to steer the Court back in the right direction after the judicial misstep in Jones & Laughlin, the Court makes the clear distinction that the criminal statute (Gun-Free School Zones Act) in question “has nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms.” Bringing up the central issue with the Jones & Laughlin case, Rehnquist further explains, “the Government admits, under its “costs of crime” reasoning, that Congress could regulate not only all violent crime, regardless of how tenuously they relate to interstate commerce.” In the Jones & Laughlin case, the central problem was the ability to connect anything with interstate commerce, no matter how indirect. The court, in this case, is limiting the scope of that interpretation by clearly demonstrating how criminal matters cannot line up with interstate commerce unless one piles inference upon inference. The Court further explains this issue by saying, “we would have to pile inference upon inference in a manner what would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”
I am not 100 percent sure that the shooting was an intentional killing. There was a gun found in the vehicle of A. Smith between the seats. It is not my belief that J. Stockley planted the gun in the car. I was not 100 percent sure that the State has proven the defendant guilty
An African American retired custodian, Otis McDonald, took on the city of Chicago, which had the similar law restricting gun control policies as the Heller case. So, it comes to no one’s surprise that according to Encyclopedia Britannica, McDonald filed his lawsuit on the same day Heller’s case decision was announced to the public. Chicago was banning new registration of handguns, yet making a registration for handguns a requirement. The decision to change this regulation was made on June 28, 2010, when the court sided with McDonald 5-4. Although this case is recent it is still not the most recent major court case regarding the subject of gun control.
At first the NRA tried to hijack his case and replace him with their own lawyer, which failed leading the NRA to lobby congress to pass a law which would overturn the D.C. gun laws rendering Gura’s case moot. The NRA knew that if Gura were to lose and the court made the decision that the second amendment didn’t protect individual’s rights to bear arms they would lose legal ground which they had fought so hard over. During February of 2003 Gura was able to finish the complaint he would file with the federal trial court in Washington. It was actually a rather short complaint, consisting of only a few pages with no extraneous issues or “trap doors.” His argument was that “the second amendment guarantees individuals a fundamental right to possess a functional personal firearm,” His choice for the lead plaintiff was a woman by the name of Shelly Parker who had fought drug dealers in her Capitol Hill neighborhood.
They were trying to make Miller confess for something he hadn’t done, similar to what happened to John Procter in the crucible . This is another quote of Miller reflecting about his experiences with H.U.A.C,” I have made more friends for American culture than the State Department. Certainly I have made fewer enemies, but that isn 't very difficult.” Well any ways after the encounter Miller had with the H.U.A.C , the H.U.A.C convicted Miller of contempt of Congress , this conviction was later reversed around 1958. Miller refused to testify and his punishment was that he was blacklisted by Hollywood , this impacted his career allot.
The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. The second amendment states, “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” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.
He and Clark M. Neily, gathered six people to be the plaintiffs. Dick Heller a police officer that carried a hand gun all day but wasn’t allowed to have one in his home. He wanted this law to be removed. The Supreme Court overruled the local law and allowed for gun ownership and adjusted the rules for guns.
A Perfect Crime, A Perfect Defense On May 21, 1924 Bobby Franks is abducted, and stabbed in the head several times with a chisel. It is the result of seven months of planning a “perfect crime” by nineteen year old Nathan Leopold and eighteen year old Richard Loeb (Leopold and Loeb). These young men were represented in court by Mr. Clarence Darrow, a distinguished attorney known for only losing one out of over a hundred death penalty cases (Clarence Darrow). Fittingly, Leopold and Loeb were facing capital punishment.