Today in Supreme Court History: December 24, 1798

12/24/1798: The Virginia Resolution, authored by James Madison, is published.

James Madison

Comments

[Dan Schiavetta]

Missouri Kansas & Texas Ry. Co. of Texas v. Ferris, 179 U.S. 602 (decided December 24, 1900): no federal question presented by Texas statute providing that refusal to answer at deposition is not an admission as to a corporate party (this was a civil case, wrongful death)

Gatewood v. North Carolina, 203 U.S. 531 (decided December 24, 1906): nominal stock exchange where no stocks were actually bought or sold (instead, members were awarded difference between sale price and market price) was actually a "bucket shop", i.e., illegal betting (isn't this perfectly legal now -- it's called the stock index futures market?)

Noyd v. Bond, 393 U.S. 1048 (decided December 24, 1968): Douglas springs Capt. Boyd from jail in time for Christmas Eve; Boyd was appealing his court-martial for refusing to instruct an officer on how to fly a military airplane as a sign of protest against the Vietnam War (the Court ended up dismissing Boyd's suit, holding that he had not exhausted his military appeals, 395 U.S. 683, 1969)

[The Margrave of Azilia]

Don't keep us in suspense - how did Boyd's military appeals work out?

[Dan Schiavetta]

I should have said “Noyd”, not Boyd, of course.

The man has a Wikipedia entry.

https://en.m.wikipedia.org/wiki/Dale_Noyd

[The Margrave of Azilia]

My mistake on the spelling, that's an interesting entry.

[Frank Drackman]

Not sure, but he had a great career with Dominos

[TTT]

"it’s called the stock index futures market?"

I thought is more like options where you are betting on whether the price will go up or down.

[Dan Schiavetta]

I was just guessing. I’m not familiar with that world. Thanks!

[bernard11]

Have to understand exactly what they were doing, and how the operators made money.

Sounds like the bets were made on individual stocks, not indexes, so maybe more like options on individual stocks.

[jdgalt1]

I had to look elsewhere for the Virginia Resolution:
https://infogalactic.com/info/Kentucky_and_Virginia_Resolutions

[Dan Schiavetta]

It seems odd that Madison, who only 11 years before had tried to push through a constitution giving the federal government almost unlimited authority, would come out in favor of states' rights.

[Ed Grinberg]

Madison, who only 11 years before had tried to push through a constitution giving the federal government almost unlimited authority

???
When I went to law school, they talked about the Constitution creating "a limited [federal] government of enumerated powers."
I'm pretty sure Madison himself would be rather astounded by your description of his Constitution.

"The resolutions argued that the states had the right and the duty to declare unconstitutional those acts of Congress that the Constitution did not authorize."
source: https://en.wikipedia.org/wiki/Kentucky_and_Virginia_Resolutions

[Dan Schiavetta]

I said he tried to push through. His Virginia Plan had no room for states' rights.

[Gandydancer]

The national legislature would have all the legislative power belonging to the Confederation Congress in addition to new powers. These new powers include "to legislate in all cases to which the separate states are incompetent" and the ability to veto any state law that was contrary to the articles of union.

https://en.wikipedia.org/wiki/Virginia_Plan#Resolutions

[Alpheus W Drinkwater]

A lot happened in those 11 years, particularly the Alien and Sedition Acts, which horrified him. Plus he spent a lot of those years in close proximity to Jefferson.

[Bill Falcon]

If Jefferson had not been in Paris...much of the problems we have with DC might not have occurred.

[Sarcastr0]

It was his slaves. Madison slipped to protect his owning slaves.

[Gandydancer]

"Slipped" from the Virginia Plan into opposition to the Alien and Sedition Acts in order to preserve slavery?

[Frank Drackman]

Manny Miranda should do a sequel, "MADISON"!!!!!!!!!!
and for a change of pace, make it an all-White cast, even the Slaves (it's why they call it "Acting")

Frank

[Bill Falcon]

Jefferson should have left Paris. Madison screwed the pooch with the Constitution.

The 1798 and 1799 Resolutions have been rejected by the SCOTUS and bolshies for a very long time to keep power in DC and in the elites. At this point the only way we can get liberty back is for the States to interpose themselves on the debt question. Essentially shutting down the Fed to stop monetizing debt. Jefferson and Madison would be supportive of that I'm sure.

[Frank Drackman]

I'd arrest every "Member" (such an appropriate term) who voted for the Omnibus, charge them with Treason, have a "January 6th" style trial, complete with tax returns, (I thought Trumps returns were only supposed to go to the Chairman of Ways/Means? why am I reading the details on Facebook??)
and not saying I'd hang them (if convicted, of course) but whatever the appropriate sentence for treason is,

Frank

[Frank Drackman]

Unlike you, who doesn't have to act.

[Krayt]

* Updated slightly generalized version: Given religions and politics are the same phenomenon, large groups of memes aka ideas designed to gain a critical mass of followers, and thus the brass ring of power, allowing them to no longer have to rely on mere persuasion, but raw might to force people to obey, I say disallow all such religious-like groups from wielding that power.

[Frank Drackman]

Flattery will get you a broken jaw

[Frank Drackman]

Yes, I can't punch you through Algores Internets, and I abhor violence (unless I'm absolutely certain I can get away with it) but Matt Shephard and Emmett Tilman would be alive today (OK, Emmet would be 81, maybe pushing it)
but both would still be contributing to Global Warming if they hadn't been A-holes,

Frank

[Frank Drackman]

OK, "Queen" I realize you're probably "Reverend" Jerry Sandusky's cellmate at https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx

and most likely a 6'5" Afro-Amurican with a 15" Schlong, and the interpersonal skills of Jack "The Assassin" Tatum (Franco Harris/Immaculate Reception reference)

So I'm a weirdo sissy because I abhor violence?? Don't want to be one of those,

So......
I celebrate violence,
especially to those of a (Redacted)

see, it could be anything "MAGA Supporters" in which I'd get invited to a Soiree at the White House with a bunch of fairie/trannies,
or what only I know it is,

like Schroeder's Hamster (sure you're experienced with Hamsters)

Seriously, I've got more cleverness in one of me "/" (know you don't love the "/") than in your entire volume of work,

Frank "No offense"

[Mr. Bumble]

No, I'm joining Nancy Winebox and celebrating Shwanza.

[Mr. Bumble]

Glad to see so much Christmas spirit at the VC.

[Frank Drackman]

and the worth of Afro-Amuricans (not accurate, it was actually 3/5 of "All other Persons" ingenious, could refer to anybody, of course in 1787 it was 99.9% Afro-Amurican Slaves)
And the "3/5 Compromise" is so "missundaztood" (HT Pink), it was the Slave states that wanted Slaves counted like everyone else, the Yankee States (some of which i.e. Maryland, Delaware (HT S. Joe) that didn't want to count them at all, hence, the 3/5 "compromise"

Frank " So Barry Husein would be 1/2 x 3/5?)

[Gandydancer]

"Thankfully the Founders knew the difference between religion and politics quite clearly."

The Founders did not imagine that they could prohibit establishment of particular religions by the States, so what WAS this difference that was so clear to them?

[Sarcastr0]

Slavery was the whole reason why the party split happened. Jefferson and Madison didn’t form a pro French party, it was a pro South party, and at the time everyone knew what that meant.

But he went from big Federalist to big Anti Federalist before that, during Washingtons first term.