Opinion: Has the Supreme Court gone ga-ga or MAGA?

41 minutes ago, LosLobo said:

Well done, good post.

 

You may have learnt something researching the Sixth Amendment and The Bill of Rights, though it seems not enough.

 

I did not say that the “State has the right to expedite a trial to fit an election cycle” was in the Sixth Amendment.

 

You were the one who said “Jack Smith tried to circumvent normal judicial protocol to fit the election cycle”, obviously another one of your fishy red herring logical fallacies.

 

You are mistaken about the Bill of Rights and the Sixth Amendment.

 

The Bill of Rights:
 

1)  is the name given to the first ten amendments to the Constitution, which were ratified in 1791.
 

2)  added specific guarantees of individual rights and liberties, such as freedom of speech, religion, and the press, to the Constitution.
 

3) limits the power of the federal government, but it also grants the power of the federal government to enforce the rights of the people.

 

4) does not favor one political group over another, but rather reflects the values and principles of the American people.
 

The Sixth Amendment is one of the amendments in the Bill of Rights.

 

It says that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”.
 

This does not mean that the State has no right to a speedy and public trial.
 

The State, and by extension, the people who have been affected by the accused’s actions, also have a right to a speedy trial.
 

This right is implied by the Sixth Amendment and has been recognized by SCOTUS and other courts.
 

The purpose of this right is to ensure that criminal proceedings move forward promptly, allowing for timely resolution of cases and preventing undue delays that could harm both the accused and the public interest.
 

SCOTUS has affirmed this interpretation in several cases, such as [United States v. MacDonald], where it said that “the Speedy Trial Clause has a dual role: it protects the interest of the accused in a speedy resolution of the charges against him, and it serves the public interest in the prompt administration of justice”.
 

SCOTUS has also acknowledged that the State has a strong interest in bringing the accused to trial as soon as possible, to prevent the loss of evidence, the fading of witnesses’ memories, and the erosion of public confidence in the justice system.
 

Therefore, the right of the State to a speedy trial is derived from the Sixth Amendment and is consistent with its purpose and spirit.

The Court and Constitutional Interpretation - Supreme Court of the United States

The Bill of Rights: A Transcription | National Archives

Incorporation of the Bill of Rights - Wikipedia

The sixth amendment clearly says "the accused". 

You can go on and on, but you can't show that anything I've said is incorrect. 

United States v. MacDonald | Oyez

Edited March 4, 20242 yr by Yellowtail