#supreme-court

4 articles tagged with this topic (Including both blog posts and archived content)

Quote by US Supreme Court
Second Amendment quote
""The right there specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government...""

— US Supreme Court

Supreme Court, 1876, US v. CRUIKSHANK

Quote by US Supreme Court on cruikshank (1876)

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Quote by Supreme Court
Second Amendment quote
""We have already recognized in Heller at least one way in which the Second Amendment's historically fixed meaning applies to new circumstances: Its reference to 'arms' does not apply 'only [to] those arms in existence in the 18th century.' 'Just as the First Amendment protects modern forms of communications, and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.'""

— Supreme Court

Supreme Court decision building on Heller precedent

Quote by Supreme Court on modern arms interpretation

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Quote by Supreme Court
Second Amendment quote
""Finally, the adjective 'well-regulated' implies nothing more than the imposition of proper discipline and training. See Johnson 1619 ('Regulate': 'To adjust by rule or method'); Rawle 121–122; cf. Va. Declaration of Rights §13 (1776), in 7 Thorpe 3812, 3814 (referring to 'a well-regulated militia, composed of the body of the people,'""

— Supreme Court

Supreme Court of the United States, District of Columbia et al. v. Heller

Quote by Supreme Court on heller decision

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Quote by Justice Joseph Story
Second Amendment quote
""THE MILITIA IS THE NATURAL DEFENCE OF A FREE COUNTRY AGAINST SUDDEN FOREIGN INVASIONS, DOMESTIC INSURRECTIONS AND DOMESTIC USURPATIONS OF POWER BY RULERS. IT IS AGAINST SOUND POLICY FOR A FREE PEOPLE TO KEEP UP LARGE MILITARY ESTABLISHMENTS AND STANDING ARMIES IN TIME OF PEACE BOTH FROM THE ENORMOUS EXPENSES WITH WHICH THEY ARE ATTENDED AND THE FACILE MEANS WHICH THEY AFFORD TO AMBITIOUS AND UNPRINCIPLED RULERS TO SUBVERT THE GOVERNMENT OR TRAMPLE UPON THE RIGHTS OF THE PEOPLE. THE RIGHT OF THE CITIZENS TO KEEP AND BEAR ARMS HAS JUSTLY BEEN CONSIDERED AS THE PALLADIUM OF THE LIBERTIES OF A REPUBLIC SINCE IT OFFERS A STRONG MORAL CHECK AGAINST THE USURPATION AND ARBITRARY POWER OF RULERS AND WILL GENERALLY EVEN IF THESE ARE SUCCESSFUL THE FIRST INSTANCE ENABLE THE PEOPLE TO RESIST AND TRIUMPH OVER THEM.""

— Justice Joseph Story

Justice Joseph Story - Supreme Court Justice and Constitutional Commentator

Quote by Justice Joseph Story on palladium of liberty

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