Today in Supreme Court History: August 20, 1866

8/20/1866: President Andrew Johnson proclaims an "end to insurrection in the United States."

President Andrew Johnson

Comments

[Mr. Bumble]

Well until it re-ignited on Jan. 6.

[Curle]

700,000 casualties vs an podium.

Oh, and Liz Cheney had to reach for her blood pressure medicine. Can’t ignore that horror.

[John F. Carr]

We didn't start the fire.
https://www.youtube.com/watch?v=eFTLKWw542g

[Dan Schiavetta]

Metropolitan Co. Board of Education v. Kelley, 453 U.S. 1306 (decided August 20, 1981): Stevens refuses to vacate stay of desegregation order; court that granted stay had greater familiarity with the case, and it would cause confusion if order (affecting 30 schools) went into effect and was later modified by the Sixth Circuit

Rosado v. Wyman, 396 U.S. 1213 (decided August 20, 1969): in suit by welfare recipients challenging new statute which would remove the "floor" of benefit amounts, Harlan refers application to stay enforcement to full Court; the Court eventually ruled in favor of welfare recipients, 397 U.S. 397, 1970

[Michael D]

Would not the British have proclaimed the war for independence and Declaration of Independence an insurrection?

[Jerry B.]

Yep. George Washington, insurrectionist. Fought against the country he'd sworn to defend, led troops that killed that country's soldiers, seized that country's property, communications, documents, and territory. And he no doubt shat on something during his insurrection.

[Curle]

It was an secession regardless of what they call it. The Declaration of Independence was only the secession’s explanation/press release.

The War between the States wasn’t even an secession since the states were never permanently bound in the first place.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Read an interesting discussion on independence vs secession. Said each colony independently replaced its royally-appointed governor, thus making 13 wars of independence. Not very convincing, but he article said that's how it was viewed at the time, and I think the two terms are similar enough to just make it the usual legal quibbling.

There's also the argument that the Constitutional convention itself was illegal per the Articles of Confederation:

The Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

and the furtive actions of the leaders of the convention back this up; why pretend it was something else if the real motive would have been disgraceful?

It makes Lincoln's rejection of secession all the more hypocritical. The constitution which forbade secession was discarded like a washrag, and its successor which did not ban secession was invoked as if it did. Maybe Lincoln was actually defending the Articles of Confederation.

[David Nieporent]

The War between the States wasn’t even an secession since the states were never permanently bound in the first place.

Except, they were.

(And also, whether they were permanently bound has nothing to do with whether it was a secession.)

[Purple Martin]

Would not the British have proclaimed the war for independence and Declaration of Independence an insurrection?

Of course! Had the American Revolution been unsuccessful (and it was no sure thing), its leaders fully understood history would consider them rebels and traitors. They knew their fates would have been, in the words of Benjamin Franklin, to "surely hang separately."

But that didn't happen. They won, were the good guys (mostly, given the standards of the times), and so instead are remembered as our venerated Founders.

In contrast, the insurgency mounted by the rebel Confederate States of America was unsuccessful. They didn't win. They were and remain, de facto and de jure, traitors to the United States of America.

Because they didn't win, history accurately reflects their sole reason for rebelling and fighting a civil war was to defend White Men's Rights to enslave Black human beings and treat them as property. Despite the temporarily productive efforts of Lost Cause pseudo-history apologists, they truly were and remain, the bad guys of American history.

In the same way, on January 6th, 2021, Trump's Jan 6th seditionists' purposeful, planned assault on the Capitol threatened our representative democracy’s free and fair elections, our constitutional republic, and our Constitution itself.

Because if, without evidence and despite losing in every court, the loser of an election succeeds in simply refusing to accept the outcome, the Constitution is meaningless. Once it becomes routine that election candidates feel no societal obligation to accept the result, our constitutional republic is broken.

And the sole reason MAGANation wants to break our republic is to unlawfully keep in power, the President and Commander in Chief most lacking in temperament, knowledge, judgement, and integrity any of us have ever known.

I think they will succeed neither in their effort to install their Caudillo, nor in the judgement of history.

[Mr. Bumble]

Anyone see a resemblance between Andrew Johnson and Tommy Lee Jones?

[Jerry B.]

So, no Short Circuit yesterday?

[Mr. Bumble]

VC is still working off the calendar that produced Thursday open thread on a Tuesday last week.

[DaivdBehar]

That was on the same day as the post on See you next Tuesday. Did you miss the joke?

[Mr. Bumble]

Yes, I saw it and since then you have used it to death.

[DaivdBehar]

I am addicted to it. I cannot control myself. See you next Tuesday.

[JasonT20]

I'm missing how this is Supreme Court history.

[DaivdBehar]

We need a Judiciary Act to change Supreme Court history.

Move it to Wichita, KS, to get out of the rent seeking, degenerate capital.
Only an even number of Justices to end 5-4 decisions.
The number of Justices should be 500, the size of a legislature, to get the wisdom of the crowd. Get them randomly from the jury pool.
No lawyers should be allowed.
No alum of the Ivy League.
20 year terms to avoid demented and very sick people hanging on to the end.
If judicial review cannot be stopped, require that all decisions be approved by Congress, yearly.

[ducksalad]

Went and checked the posting for 8/20/2021, it's the same one. I thought we were getting fresh ones. Disappointing.

Then went and looked at the comments. They could easily be interchanged with today's also.

https://reason.com/volokh/2021/08/20/today-in-supreme-court-history-august-20-1866-2/

[Mr. Bumble]

Apparently, in the whole history of the SC nothing worth mentioning happened on this date at least in Blackman's mind.

captcrisis though did find two.

[Syd Henderson]

But neither was all that major anyway. It's a slow date, I guess.

[Dan Schiavetta]

Tomorrow's will be entertaining.

[Archibald Tuttle]

In The Declaration, we claimed the right to violently overthrow government as an inalienable human right. We don't need permission from the government to do that. However, if your revolution fails, don't complain if you are hanged for exercising that right.

[DaivdBehar]

Civil war, another toxic policy on the Democrat agenda.

[DaivdBehar]

Great comment, bruh. Queenie Honey, you need to disclose the payoffs you get from Soros, and from front Soros shell entities. You are a disloyal American.

[DaivdBehar]

Great comment, bruh. Queenie, you need to disclose the payoffs you get from Soros, and from Soros shell front entities. You are a disloyal American.

[Krayt]

Would it? Was everyone back in England happy with a king? This guy was not the modern, neutered Disney World Royal Land parade leader.

[DaivdBehar]

Good comment, Queenie. Jones could play Johnson in a movie about failed lawfare. We know it does not work, so these impeachments are hate speech and harassment. Pretextual law practices should be criminalized and prosecuted as misuse of tax many. Pelosi and gang should be arrested Inauguration Day, 2025, and sent to federal prison for misuse of tax money. I would gladly serve as whistleblower.

I may file this reporting form, and try to get some reward money. 10% of $100 million bunko operation by Pelosi and company is a pretty good payday, even for me.

https://gao-fais.entellitrak.com/etk-gao-fais-prod/page.request.do?page=page.efileConfidentialNoRestrictionComplainantForm

[DaivdBehar]

Also disclose your name, bruh.

[DaivdBehar]

What is your real name, Queenie? I want you to get the credit for your great comments, so well spoken. I could include them in my letter of recommendation to get you the far better job you deserve.

[Mr. Bumble]

Rebellions are judged by who wins.

[Mr. Bumble]

Judged by whom? Revolutionaries believe they have a justification for their actions and those they oppose believe they do not. In the real world it's who wins that determines how things will proceed.

[DaivdBehar]

See you next Tuesday.

[DaivdBehar]

Queenie, the Chinese Commie you aerve sincerely believe in the Commie. They think we are brigands.

[bernard11]

But how things proceed is not the same as how history sees things.

[Mr. Bumble]

You are obfuscating again. Who is the judge of how just their struggle is? You? Me? David? Kirkland? .....?????

[DaivdBehar]

Yale grad teaches English to Chinese Commies. He gives the standard analysis of Hamlet, mistakes, personal torment, mental illness, family dysfunction. The students all laugh. We love our teacher, but he is so naïve. Hamlet is a working class hero struggling against the bourgeoisie and its degenerate values, and against the oppression of the royal classes.

Cannot escape the culture imposed by the winners. Winners win at the point of a gun. Mao said something like that.

[David Nieporent]

I'll do it.

[Krayt]

Treason never prospers. What's the reason? If treason prospers, none dare call it treason.

[GreenLanternCorps]

After the Civil War, Cromwell’s Commonwealth and dictatorship of the Major Generals, the Restoration, and the Glorious Revolution…

Yes.

[GreenLanternCorps]

Oh yeah, I forgot the execution of Charles I

[Dan Schiavetta]

“Rebellions are always in the third person. Revolutions are always in the first person.”
Benjamin Franklin