Today in Supreme Court History: July 12, 1909

7/12/1909: 16th Amendment is submitted to the states.

Comments

[Dan Schiavetta]

New York Times Co. v. Jascalevich, 439 U.S. 1304 (decided July 12, 1978): Marshall denies stay pending certiorari application as to subpoena requiring reporter Myron Ferber to hand over documents in murder trial; stay inappropriate while trial was in progress and in camera review pending; Marshall pointed out if reporter refused to comply he could raise his arguments again in resulting contempt proceeding. The day before, White had denied a stay as to subpoena to testify as witness. The stay was vacated by the Court on October 6, 1978, for unknown reasons, perhaps mootness. No record as to whether cert petition was ever filed.

Note: This was the trial of Mario E. Jascalevich, the “Dr. X” in articles by Ferber which noted patients dying after simple operations and which attracted the attention of prosecutors. Ferber decided to disobey the subpoenas and spent 40 days in jail and the Times was fined $286,000. Jascalevich was acquitted and moved his practice to Argentina. In 1982 New Jersey Gov. Byrne pardoned Ferber and ordered part of the fines returned.

[Michael P]

45 years later, and NYT reporters still help our elites get away with murder.

[Dr. Ed 2]

Actually it was the defense who subpoenaed the reporter's files -- and it was the reporter whose story got the investigation going a decade later.

[Dr. Ed 2]

An interesting summary of Jascalevich:
https://edu.rsc.org/feature/forensic-science-and-the-case-of-dr-mario-jascalevich/2020148.article

[Frank Drackman]

"The power to tax involves the power to destroy." John Marshall
Hey, how about that Allstar Game last night? Remember when it was an actual rivalry, because there weren't any interleague games except for the Worlds Series and players rarely changed leagues, Pete Rose dislocated Ray Fosse's Shoulder in the 1970 game (OK, in front of his Hometown fans, almost like he had money riding on the outcome)

Frank

[SMP0328]

The 16th Amendment was the last enabling amendment. The People and the States simply trusted Congress to use this new power as it had promised (only against the top 3%). Congress, of course, made them pay for their naiveté. Every subsequent amendment has been very exact about what it was doing and doesn't simply give Congress sole discretion.

[Mr. Bumble]

Thread Hijack:
Sorry, but was wondering if any has seen the new Mission Impossible flick and if so what they thought of it?

[Magister]

Sorry, I have not seen it.

But as we enter the dog days of SCOTUS with few cases, maybe captcrisis can include some movie reviews! Alien vs. Predator (August 12, 2004) or Scott Pilgrim vs. the World (August 13, 2010) could pad out a couple thin dates next month.

[Dan Schiavetta]

That's an idea! (Though the movies I will review probably have not been seen by many people here. For one thing, they're mostly old.)

[Mr. Bumble]

My vote is go for it. This thread is dead with the lack of SC decisions during the recess periods.

[Dan Schiavetta]

Thanks but it will take some thought as to which “track” to take. Start with “Tunes of Glory” (1960) or “Play Me Again Vanessa” (1984)?

[Sisu]

There are yet unanswered questions re: 16th Amendment ratification process, and possible fraud committed by Secretary of State Philander Knox at the end of the Taft Administration. Specifically, only 20 or perhaps fewer states validly ratified the "amendment"; 36 of 48 were required.

Can the legal community (not to mention bookkeepers/accountants) not see the opportunity for fees associated with a complete eradication of the current federal income tax system and replacement with a "new regime" ?

Aren't there a sufficient number of underemployed lawyers with an "entrepreneurial spark" to tear down the old ?

And, where are all those "red state" governors ?

This "grassroots" effort need occur before the "standing army" which is the IRS is expanded ?

https://thelawthatneverwas.com/defects.aspx

[David Nieporent]

Oh, good. We haven't had a gold fringe flag type kook here at the VC since the days of Mick "FRAUD!!!!!!"

[SMP0328]

Hey Sisu, are you one of the people who believe the Titles of Nobility Amendment is the "Original 13th Amendment"? Usually, the people who believe the 16th isn't valid also believe TONA is the real 13th.

[Mr. Bumble]

Doing standup now? Where's your next gig?

[BravoCharlieDelta]

Do you think he still believes the Russia Collusion hoax was real collusion and not a soft-coup scheme between Hillary and the Administrative State against Trump?

And that he's just playing a character?

[Mr. Bumble]

"ts release comes more than a year after former special counsel Robert Mueller wrapped up his 22-month investigation in which he did not find evidence to charge any Trump campaign associates with conspiring or coordinating with the Kremlin to interfere in the election ..."

[BravoCharlieDelta]

So what?

[Mr. Bumble]

Still doing your standup routine?

[Brett Bellmore]

By not incurring such large bills, obviously. You really think a high tax, high service, highly centralized form of government is the only possibility, even today?

Mind, without the income tax, we'd have a much less interventionist government. I tend to think that if we hadn't set out to impose Pax Americana on the world after WWII, the rest of the developed nations would have picked up the slack, instead of enjoying the bonus of having us doing it for them.

[Commenter_XY]

Consumption tax = how the federal government can pay its bills.

[Mr. Bumble]

Wow, so now your opinion is the "truth". Come out from behind the curtain.

[Brett Bellmore]

Every Presidential campaign with any real chance has foreign contacts. You think they wait until after the election to start making connections?

[Mr. Bumble]

First Nigeism of the day.

[Krychek_2]

Some years back the Boston Pops played Beethoven's Ninth, in which the bass section has a part at the beginning and then doesn't come in again until the very end. Since they had some time to kill, they decided to go get some drinks, and tied the music score with a ribbon so they could find their place when they got back.

Shortly thereafter, it was the bottom of the ninth, the score was tied, and the basses were loaded.

[Mr. Bumble]

Goes back to our ill advised involvement in WWI at the behest of the ego manic Woodrow Wilson.

[Dr. Ed 2]

The Federal government still had the right to impose a per-capita tax on each of the states, and that would have had interesting results.

[SRG]

I liked the idea of the Feds levying a lump sum tax on each state based on state population and let the individual states decide how to raise the funds.

[Nige]

Seems odd that Trump lied about them, so. Or was so cagey about being willing to accept electioneering help from Putin. Totally normal.

[SRG]

Didn't the Trump campaign and Trump's supporters deny such contacts before the election?

[David Nieporent]

With our friends or our enemies?

[BravoCharlieDelta]

We have a President whose son and brother have received millions from the CCP and yall just shrug, while assuming any contacts with practically any Russian is somehow proof of illegal collusion.

Even ignoring how many Russians were working with the FBI to spy on Trumps campaign and presidency. But somehow those are the only good Russians on the planet, the ones that colluded with the FBI and the Clinton campaign.

[SRG]

Do you think that Putin is the US's friend?

[BravoCharlieDelta]

No.

So what?

If you have a point, articulate it instead of making people guess what it is.