The Miller behind US v. Miller
It strikes me that what this article is trying to do is substitute Miller (certainly NOT a sympathetic character!) for Heller, who arguably IS.
What the Heller case is going to do is make Miller insignificant, and this is something the gun controllers don't like.
Posted by: Hartley at May 21, 2008 10:06 PM
But what it does do is make plain that the case never should have be decided. When only one side is represented and that side is the government, whatever the outcome it can't be valid.
Imagine a case on any other subject. Would the Left accept or even concider it. No body would.
Just how many SC cases exist where the defendant had nobody there? I bet the list is small.
The SC wanted to validate the NFA. They used this case to do it because there would be no defendant to show that the NFA was unconstitutional. It was a blantant misuse of Judicial power.
SC Cases since then have shown that the NFA is even more unconstitutional today then it was then. No taxing a right, etc.
Posted by: Dan Hamilton at May 22, 2008 10:07 AM