Today in Supreme Court History: July 10, 1832

7/10/1832: President Jackson vetoes the bill to recharter the Second Bank of the United States. He wrote that the bill was unconstitutional.

President Andrew Jackson

Comments

[Mr. Bumble]

Good morning VC readers and welcome to another edition of Today in Supreme Court History. Captcrisis will be chenking in shortly to fill out the post with references to cases that were decided on this day in history.

Have a nice day.

[Dan Schiavetta]

We’re in summer recess time so I’ll be looking behind things like denial of cert.

Turner v. Quarterman, 554 U.S. 933 (decided July 10, 2008): stay of execution denied, as it had been by the Fifth Circuit, but we learn from the Fifth Circuit dissent that defendant's sole argument -- that he was entitled to federally appointed counsel in his clemency proceeding -- though foreclosed by Fifth Circuit precedent, had been decided differently by other Circuits and the Supreme Court had just granted ceritorari to deal with the split. (In that case, Harbison v. Bell, the Court came down on Mr. Turner's side, but the decision was rendered on April 1, 2009, some nine months after he was executed by lethal injection.)

[Mr. Bumble]

The ne plus ultra in mootness.

[Mr. Bumble]

...at least for Mr. Turner.

[Dan Schiavetta]

He might have gotten clemency had he been allowed a lawyer to argue for it. He had murdered his adoptive parents. From news reports, he was contrite and was a model prisoner. Though his uncle was glad to see him go.

I can understand (a little) the Fifth Circuit refusing the stay but the Supreme Court's refusal is incomprehensible. Four Justices have just voted to rule on his argument (and ultimately the decision was in effect unanimous, with even Clarence Thomas agreeing with the now-dead Turner).

[Mr. Bumble]

"He might have gotten clemency had he been allowed a lawyer to argue for it."

...and he might not have. It is hard to have sympathy for a cold blooded murderer.

Curious as to why no stay was sought pending the SC decision?

[Dan Schiavetta]

That's what he did. We can assume that Turner pointed to the grant of cert in his motion before the Court. (After all, he brought it up before the Fifth Circuit.) As it was, the stay was denied and he was executed a few hours later.

[Mr. Bumble]

Well as the "real" Mr. Bumble said "the law is a ass - a idiot" and that proved to be fatal for Mr. Turner.

[Dan Schiavetta]

“It was all Mrs. Bumble. She would do it,” urged Mr. Bumble; first looking round to ascertain that his partner had left the room.

“That is no excuse,” replied Mr. Brownlow. “You were present on the occasion of the destruction of these trinkets, and indeed are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction.”

“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass — a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience—by experience.”

[Dan Schiavetta]

“It was all Mrs. Bumble. She would do it,” urged Mr. Bumble; first looking round to ascertain that his partner had left the room.

“That is no excuse,” replied Mr. Brownlow. “You were present on the occasion of the destruction of these trinkets, and indeed are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction.”

“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass — a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience—by experience.”

[Dan Schiavetta]

Sorry, I can't get the formatting right. It's all supposed to be in italics.

[Cal Cetín]

I'd forgotten that particular context - indeed that legal presumption has, I believe, been repealed.

I had also forgotten that he suggested that the law was a bachelor.

[Frank Drackman]

Good Riddance, and he was executed only 10 years after his Murder(s), that's practically speed of light with todays (redacted) Appeals process. Assassin of Chicago Mayor Anton Cermak (was trying to kill FDR but missed, should have "used a Shotgun" (HT Sleepy Joe) was Executed 2 weeks after Cermak died. (Yes, it was in Florida)

Frank "Abort Murderers, not Babies"

[John F. Carr]

Reminds me of the definition of chutzpah: A man who murders his paernts and pleads for mercy because he is an orphan.

And that reminds me that the Menendez brothers could have had the trial of the century if a rogue golfer hadn't come along a few years later and murdered OJ Simpson's ex.

[David Nieporent]

? I must be misunderstanding you, because Harbison wasn't unanimous.

[Dan Schiavetta]

Everyone agreed in part. It was a complicated result.

[David Nieporent]

It wasn't that complicated. Scalia and Alito agreed only on the procedural question of whether a certificate of appealability was required. They dissented on the substantive issue of whether 18 USC § 3599 requires the appointment of federal counsel in state clemency proceedings.

[Dan Schiavetta]

Ok thanks

[Frank Drackman]

"The Court has made their decision, now let them Enforce it!!" End of Quote,

President Andrew Jackson Biden

[F.D. Wolf]

The Jeffersonians and their heirs (like Jackson) believed that if the Constitution did not grant Congress a power with relative specificity, then Congress lacked that power.

A sort of overarching "major powers doctrine".

[Syd Henderson]

I guess we have birthdays and death days and events like this for a couple of months. And cert denials in the comments.

[Michael D]

Ending the central bank was the greatest accomplishment of Andrew Jackson’s administration. Of course, decades later the “banking clan” and the Congress colluded to create the monstrosity of the Federal Reserve.

We have paid the price in the century+ since with the Great Depression and numerous recessions. We get to ride an economic roller coaster of ups and downs while few question the role of the central bank as the primary cause of it all.

https://cdn.mises.org/The%20Case%20Against%20the%20Fed_3.pdf

[Frank Drackman]

AJ had a lot of "Greatest" Accomplishments, he was the Trump of the 1820's.
1: Major achievement of the Jackson administration in foreign affairs was to negotiate a successful trade agreement with Great Britain which opened the West Indies colonies to American merchant ships. There were also several treaties which settled claims and opened trade with several European, Asian and South American nations. There was a 70% increase in American exports and 250% increase in American imports during Jackson’s presidency.
2: In May, 1830, he signed into law the Indian Removal Act which authorized him to negotiate relocation of Native Americans to federal territory west of the Mississippi River in exchange for their ancestral homelands in Southeastern United States.
3: Andrew Jackson was among the prominent commanders in the War of 1812 with Britain. He is renowned for his bravery, leadership and success in its campaigns. His most famous contribution came at the Battle of New Orleans, fought between January 8 and January 18, 1815. Jackson’s 5,000 soldiers won a decisive victory over an invading British force of 7,500. At the end of the battle, the British had 2,037 casualties compared to America’s 71. Battle of New Orleans was the last major battle of the War of 1812 and the most one-sided.

4: Andrew Jackson was appointed colonel of Tennessee militia in 1801 and major general the following year. He successfully commanded the U.S. forces in the regional conflict known as the Creek War, which was majorly fought between U.S. state militias and the Red Sticks Creek people, a traditionalist faction of Native Americans in the southeast. The Creek War is considered a part of the War of 1812 between the United States and Great Britain as the Red Sticks were supported by the British. Andrew Jackson’s victory at the Battle of Horseshoe Bend in 1814 effectively ended the Creek War.

Frank "Jackson Democrat"

[Sarcastr0]

Banking clan…

[Michael D]

You like my Star Wars reference?

[Mr. Bumble]

Also on this day in history, Wyoming was admitted as the 44th state in 1890 and the first state to allow women (the state was mostly populated by biologists and therefore had no trouble in defining a woman) the right to vote.

[Frank Drackman]

and funny that that XX Liz Chaney will probably lose the XX vote

[John F. Carr]

In the old days Wyoming's population was overwhelmingly male. Giving women the vote couldn't do much harm because there were so few of them.

[Mr. Bumble]

So you think giving women the right to vote could be harmful?

[Bob from Ohio]

We've had the most destructive war and biggest economic depression in history right afterwards.

Just sayin.

[Frank Drackman]

It certainly has been, who do the wimmin-folk Vote for? JFK, LBJ (would have loved when they chanted "How many kids have you killed today" he just said "Today?? 45(Pretty typical daily death rate 66-69) Jimmuh Cartuh (actually think Ronaldus won them in 1980, just shows how Great He/Bad JC was) Barry O, Hilary Rodman, and Now the Poster Boy for Alzheimer's

Frank

[Dan Schiavetta]

There's a statute providing for it, 18 U.S.C. §3599, that even Thomas agreed applied.

[Frank Drackman]

Don't confuse Queen with facts.

[Dan Schiavetta]

We're having an adult conversation here.

You are now muted.

[Frank Drackman]

Wow, did you thank AlGore for inventing Wikipedia?

[Dan Schiavetta]

Too much for my tiny brain to explain. I'll defer to the massive cerebrum of Mr. Blackman if he wants to look at it.

https://www.supremecourt.gov/opinions/08pdf/07-8521.pdf

[Michael P]

Kind of like how the UN published a piece on how being hungry was actually good for people, except that the UN actually matters, unlike some random commenter on a blog.

[Michael D]

I hate having to do this. It makes me sick at my stomach but yuck, I have to agree with Queenie regarding the Indian Removal Act.

[Frank Drackman]

TOT was sort of necessary if you wanted to live in the Southern US without constant danger of being Scalped. (Now you just get "Scalped" at the "Native Amurican" Casinos)

Frank "Heep Big Video Poker Lose Tepee!"

[Mr. Bumble]

...or she just might have been a crazy, confused bitch.

[Mr. Bumble]

"The famed gender non-conforming Calamity Jane had more than a bit of time in pre-state Wyoming. One wonders how much of her alcoholism and other problems might have been tied to living under the relentless, government enforced stereotypes of the day imposed by those men who were so sure about what being a woman entailed…

What "government enforced stereotypes" are you referring to in a territory (then a state) in which those in power (men) supported and granted women the right to vote? Going so far as to advise Congress that they would forgo statehood rather than yielding to Congress' demand the they change their constitution

[Bob from Ohio]

"gender non-conforming"

She married [maybe twice] and had two children.

Wearing pants does not make one "gender non-conforming".

[Frank Drackman]

Never butchered a Mechanic in my life ("Cleaned" a few fish when I was younger, didn't really have the stomach for that, why I pass gas for a living0

Frank "I resemble that remark!"

[Frank Drackman]

Ok, everybody who's not Native Amurican (1.024th doesn't count , Poke-a-Hontas) go back where you came from (Whites, Europe, Blacks Africa, Asians, umm Duh)

Frank "A'int Movin"

[bernard11]

Calling Mr. Poe.

[David Nieporent]

Um, did you bother to read? Jonathan Swift did not actually want to eat Irish babies.

[Mr. Bumble]

Sorry, getting or giving blow jobs was not a part of the curriculum when I was in school. Kids today are so lucky. Teachers are even willing to give personal instruction.

[Mr. Bumble]

Somin would be pleased.

[Frank Drackman]

Like the 50,000,000 (give or take a few million, depending on fertility rates) Afro-Amuricans killed, I'm sorry, let me quote Sleepy Joe, "Terminated" over the last 50 years (not that I'm complaining, lines are already long enough at KFC drive through)

Frank

[Bob from Ohio]

"have to agree with Queenie"

One never has to agree with Queenie.

What do you think would have happened to the Indians if they stayed? The settlers were not going to let them keep that nice land, period. Many, many more would have died than on the relocation. The remnants would still have had to move in the end.

There was no good ending possible given the then current morals and beliefs.

[Michael P]

Are you suggesting that the UN set out to publish a satire piece in a straight-news magazine?

[Rev. Arthur L. Kirkland]

It seems natural that a blog that regularly publishes a vile racial slur attracts comments and commenters like this.

Carry on, bigoted clingers.

[Cal Cetín]

"She married [maybe twice] and had two children."

Did she marry another woman - I mean a self-identified woman?

If not, she wasn't radical enough.