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Old January 14th, 2019, 10:35 AM #11
ed bernay ed bernay is offline
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I'm not sure if this is posted somewhere else but I saw this case

"The Supreme Court on Friday agreed to hear an appeal from an immigrant in the country illegally who was convicted of unlawfully possessing a gun."

https://thehill.com/regulation/court...-of-gun-charge
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Old January 14th, 2019, 11:02 AM #12
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Quote:
Originally Posted by ed bernay View Post
I'm not sure if this is posted somewhere else but I saw this case

"The Supreme Court on Friday agreed to hear an appeal from an immigrant in the country illegally who was convicted of unlawfully possessing a gun."

https://thehill.com/regulation/court...-of-gun-charge
Hmm...

A write up on this one:
https://www.scotusblog.com/2019/01/e...gery-on-track/

Quote:
In Rehaif v. United States, the justices agreed to decide whether, when the government prosecutes a noncitizen who is in the United States illegally for violating a federal law prohibiting him from having guns or ammunition, the government must show that the defendant knew he was in the country illegally, or whether it is enough to show that the defendant knew he had the guns or ammunition.

The question arose in the case of Hamid Mohamed Ahmed Ali Rehaif, a citizen of the United Arab Emirates, who came to the United States on a student visa but was dismissed from school – and, as a result, was no longer in the country legally. Several months later, Rehaif was arrested and charged with having ammunition in his hotel room; he was convicted and sentenced to 18 months in prison. The U.S. Court of Appeals for the 11th Circuit upheld Rehaif’s sentence, rejecting his argument that he could only be convicted if he knew that he was in the country illegally.
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Old January 15th, 2019, 07:18 AM #13
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https://billofrightsinstitute.org/ed...-madison-1803/


The case of Marbury v. Madison (1803)
was the first time the U.S. Supreme Court declared an act of Congress to be unconstitutional. (The case concerned a section of the Judiciary Act of 1789.) In his opinion, Chief Justice John Marshall relied almost exclusively on the specific language of the Constitution, saying that it was the “paramount law of the nation” and that it constrained the actions of all three branches of the national government.
The whole point of a written Constitution, Marshall asserted, was to ensure that government stayed within its prescribed limits: “The powers of the Legislature are defined and limited; and [so] that those limits may not be mistaken or forgotten, the Constitution is written.” In cases where a law conflicted with the Constitution, Marshall wrote, then “the very essence of judicial duty” was to follow the Constitution.
Marshall also asserted that the courts had the responsibility to understand and articulate what the Constitution means: “It is emphatically the province and duty of the judicial department to say what the law is.” The decision concluded “a law repugnant to the Constitution is void, and courts, as well as other departments, are bound by that instrument.”
The Supreme Court did not declare another act of Congress unconstitutional until it struck down the Missouri Compromise in Dred Scott v. Sanford (1857). The power of judicial review was used sparingly for the next several decades. Beginning in the early 20th Century, however, the Court began striking down federal laws more often than ever before. Proponents of judicial review pointed to Chief Justice John Marshall’s decision in Marbury as a source supporting the view that the Supreme Court has the final say on what the Constitution means.

Since then, as the powers of the national government have expanded and as more and more state laws became subject to federal review (as a result of the Fourteenth Amendment and the incorporation of the protections of the Bill of Rights against the states), the Supreme Court has had frequent opportunities to exercise its power of judicial review.


So, Why aren't our lawyers and attorney's following this Judicial review case?
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Old January 15th, 2019, 07:39 PM #14
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There's a running list on Comm2A's website: https://www.comm2a.org/cases

Updates and suggestions welcome.
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