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

[Frank Drackman]

And Ironically gets put on the $20 bill, even more Ironic, the POTUS’s on the $1, $2, $20, and $50 all owned Slaves.

Frank

[Dilan Esper]

No cases, capt?

[Dan Schiavetta]

See below.

We're getting to the part of the year when the only things to report on, usually, are Circuit Justice decisions on stays, granting bail, etc. Last year I filled the gap with movie reviews. Looking back, I'm surprised how much I wrote (65 daily reviews!). Maybe it's because I was avoiding doing work. I don't know if I can do that again. Lately my work energy has been on a roll.

Glad you tune in every day!

[Frank Drackman]

I know you’re more into the hardcore anal penetration porn, but you should check out “Lost & Delirious” 3-way Lesbo love triangle from 2002 with a pre-pubescent Mischa Barton, a nubile Piper Perabo, and Jessica Pare, who was Don Drapers second wife in “Mad Men” If you don’t get a stiffy in the first 4 minutes you’re either a Homo or have ED, and there’s some Shakespeare thrown in for good measure

Frank

[JoeFromtheBronx]

Jackson being on a federal reserve note is a bit silly.

Washington signed the first bank bill. Hamilton is obvious. Grant nominated the justices who upheld paper as legal tender.

Madison had a veto of the second bank. His opposition was limited:

Waiving the question of the constitutional authority of the Legislature to establish an incorporated bank as being precluded in my judgment by repeated recognitions under varied circumstances of the validity of such an institution in acts of the legislative, executive, and judicial branches of the Government, accompanied by indications, in different modes, of a concurrence of the general will of the nation, the proposed bank does not appear to be calculated to answer the purposes of reviving the public credit, of providing a national medium of circulation, and of aiding the Treasury by facilitating the indispensable anticipations of the revenue and by affording to the public more durable loans.

Madison's statement is evidence of an "original understanding" that at some point broad acceptance would over time -- even if it was problematic at the Founding -- lead to a practice to be constitutionally acceptable.

Since there was still some opposition, the "general will" (sounds a bit French) was not complete. I don't rest on Madison to determine current understanding. It is notable.

His opposition seems to be an as applied "necessary and proper" argument. Jackson's veto suggests how each branch had the power to determine constitutionality. Whigs pushed for a limited veto, clear unconstitutionality a valid reason to use it.

[Dan Schiavetta]

I have a Native American friend who, every time she gets a $20 bill, she draws an arrow through Jackson's head before passing it on.

[Mr. Bumble]

Cute story.

[Dan Schiavetta]

I don't know if she still does it. This was back in undergrad (1970's).

[Syd Henderson]

I'm still waiting on the Harriet Tubman 20.

[Mr. Bumble]

Don't hold your breath.

[Rev. Arthur L. Kirkland]

That — Tubman currency — will be a relatively unremarkable part of the liberal-libertarian mainstream’s continued stomping of right-wing bigots’ preferences into political and cultural irrelevance.

(The Volokh Conspiracy will continue to provide a gathering place for those who want to whine impotently and rant delusionally about all of this damned modernity, reason, inclusiveness, science, education, and progress. The Tubman issue won't even register when clingers recognize that better Americans are going to kick their illusory, paltry god out of the Pledge and off our currency, )

[JoeFromtheBronx]

Maybe in 2030

https://www.cnn.com/2024/01/04/us/us-mint-harriet-tubman-coins-reaj/index.html

Guess you will have to be satisfied with a Harriet Tubman coin.

[Brett Bellmore]

With the iconic image, of course.

[Frank Drackman]

“Native Amurican”?? Do I qualify? Born in Hot-lanta Jaw-Jaw, home of Coca-Cola, Communist News Network, and the 2021 Worlds Serious Champion Atlanta Braves(and I’m wearing a “Genuine”(reproduction) Henry Aaron “44” Jersey)
And “Born on the 4th of July” great phrase, they should make a movie about it, how a hard working Veteran achieved success

Oh wait, you mean am I an Amurican Indian?
Nope, no evidence on my Dads side, and unless there were Injuns in the Greater Berlin area, none on my moms side either

Frank

[Dan Schiavetta]

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 certiorari 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.)

[apedad]

Do you have a link to the stay?

[Dan Schiavetta]

All I’m working from is the U.S. reports cite, 554 U.S. 933, or129 S.Ct. 7 (Mem), and the 5th Circuit opinion, 284 Fed. Appx. 182.

[SRG2]

FWIW the only link I found on the full string "Turner v. Quarterman, 554 U.S. 933" was to your blog!

[JoeFromtheBronx]

https://www.captcrisis.com/

Is there a reason the blog isn't centered, or is it just me?

[Brett Bellmore]

Me, too: The left edge is cut off by default unless I zoom out.

[Dan Schiavetta]

I can’t believe someone actually is visiting my site! Don’t you know it’s forbidden!

Seriously . . . I’m complimented!

I’ve been using it as a repository for my SCOTUS posts (in case something happens here at VC). I should work on it. Probably put some other stuff on there, like my movie reviews, etc.

It looks off-center because I’m using Wix and for some reason the non-blog stuff (on the right side) keeps plunging down to the bottom of the page, unless I bring it back up every day or so. There’s got to be an easier way.

Another Wix user (who I got mixed up with early on — long story) has the same problem, but his (her?) site is porn, which doesn’t help me.

[Brett Bellmore]

Only times I've generated webpages was years ago, hand coding html. I took a look at the page source, but didn't spot anything obvious.

[JoeFromtheBronx]

I found blogspot good for basic stuff.

[Frank Drackman]

Oh wow, thats so sad, he was Executed by Lethal Injection. Such a waste of valuable medications (and you can tell the Execution procedure was written by Imbeciles, as the doses required were 10x the lethal dose) Same with the Electric Chair 2000 Volts (Yes, I know haters, it’s the Amperage not the Voltage, Alabamas “Yellow Mama” ran at 4 Amps, so, hook your car battery up to the Sun, put your mouth on the post, and have your buddy turn the key, tell me if it works)
Can be done much cheaper, and more efficiently with 120V household current (I’d tell you but then you might not kill yourself)

Frank