Explain to me, the lawful meaning of "SHALL"

[Wry Catcher]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

 

[Siete]

"In common, or ordinary parlance, and in its ordinary signification, the term 'shall' is a word of command, and one which has always, or which must be given a compulsory meaning; as denoting obligation. It has a peremptory meaning, and it is generally imperative or mandatory. It has the invariable significance of excluding the idea of discretion, and has the significance of operating to impose a duty which may be enforced, particularly if public policy is in favor of this meaning, or when addressed to public officials, or where a public interest is involved, or where the public or persons have rights which ought to be exercised or enforced, unless a contrary intent appears; but the context ought to be very strongly persuasive before it is softened into a mere permission," etc.[People v. O'Rourke, 124 Cal. App. 752, 759 (Cal. App. 1932)]

 

[Marion Morrison]

Muh collusion go poof!

 

[jc456]

no, isn't worth the time.

 

[Harry Dresden]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

from plainlanguage.gov
"Must" is the only word that imposes a legal obligation that something is mandatory. the Supreme Court ruled that when the word "shall" appears in statutes, it means "may."....must and shall are not supposed to be used together in the same regulation....

 

[Moonglow]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

It's like saying "will"..

 

[jc456]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

It's like saying "will"..

or 'Not'

 

[Wry Catcher]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

from plainlanguage.gov
"Must" is the only word that imposes a legal obligation that something is mandatory. the Supreme Court ruled that when the word "shall" appears in statutes, it means "may."....must and shall are not supposed to be used together in the same regulation....

So...is "shall not be infringed not mandatory, and can the Sect. of the Treasury able to keep the tax records of Trump secret? It can't be one or the other though I'm sure trump supporters will try.

 

[Moonglow]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

It's like saying "will"..

or 'Not'

Depends if she's willing.

 

[jc456]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

from plainlanguage.gov
"Must" is the only word that imposes a legal obligation that something is mandatory. the Supreme Court ruled that when the word "shall" appears in statutes, it means "may."....must and shall are not supposed to be used together in the same regulation....

So...is "shall not be infringed not mandatory, and can the Sect. of the Treasury able to keep the tax records of Trump secret? It can't be one or the other though I'm sure trump supporters will try.

Congress has no judicial authority. they can bark all night, and all it will be is annoying.

 

[jc456]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

It's like saying "will"..

or 'Not'

Depends if she's willing.

or 'Not'

 

[whitehall]

There are enough restrictions on the 2nd Amendment to the U.S. Constitution to fill a room in a law library so a "relatively unknown" tax provision that certainly isn't part of the Constitution wouldn't amount to much.

 

[Siete]

shall means whatever Trump decides it means at that particular moment, and is subject to change at any point in time thereafter ....

Dictator Law 101.

 

[Rambunctious]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

When the congress moves from governing and over sight to out and out war with a sitting president all bets are off...if the dems acted like adults and not attack dogs maybe they would get his tax returns...but without a crime or even an accusation of tax fraud Trump would be crazy to give his returns to them...anyone with an ax to grind can find fault with anyone's returns....and you can bet the dems would beat him up over the smallest things...so why load their guns for them?...no way dems....bite us....

 

[Oddball]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

Wrong again, psycho...


What is SHALL?
As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to “may,”) to carry out the legislative intention and In cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, “shall” is to be construed as “may,” unless a contrary intention is manifest. See Wheeler v. Chicago, 24 111. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist., 184 111. 597, 56 N. E. 9.”.:;: Madison v. Daley (C. C.) 58 Fed. 753; Cairo & F. R. Co. v. Ilecht, 95 U. S. 170, 24 L. Ed. 423. SHAM PLEA. See PLEA. SHARE 1082 SHERIFF

What is SHALL? definition of SHALL (Black's Law Dictionary)

In your idiotic example of the 2nd Amendment, the right to bear arms depends upon "shall" being taken in the imperative.

 

[Harry Dresden]

1. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,Shall not be infringed"



2. "The little known tax code provision employed by the Democrats in demanding Mr. Trump’s returns says only that the Internal Revenue Service “shall furnish” the information, giving it and its parent agency, the Treasury Department, little leeway in deciding how to respond.

Link to above:

Trump Lawyer Asserts President’s Right to Keep Tax Returns Private

The Republican Party, the NRA and the Congress must decide if shall means mandatory, or not. The consequences are clear. Give Congress the president's taxes, or give the NRA and it's shall not be infringed a kick in the ass.

from plainlanguage.gov
"Must" is the only word that imposes a legal obligation that something is mandatory. the Supreme Court ruled that when the word "shall" appears in statutes, it means "may."....must and shall are not supposed to be used together in the same regulation....

So...is "shall not be infringed not mandatory, and can the Sect. of the Treasury able to keep the tax records of Trump secret? It can't be one or the other though I'm sure trump supporters will try.

no its not mandatory,apparently only must is....shall is the same as may....so the gun rights may OR may not be infringed....and trumps taxes may or may not be furnished...

 

[Rambunctious]

The OP SHALL have his little tantrum in his closet....

 

[percysunshine]

15 posts in USMB is easier than dictionary.com?

The human race is doomed.

 

[Rambunctious]

Shall is not must.....

 

[Oddball]

no its not mandatory,apparently only must is....shall is the same as may....so the gun rights may OR may not be infringed....and trumps taxes may or may not be furnished...

"Must" and "shall" mean the same legally....If there is an imperative, the language "is/are required" is used.