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jimmy the one

(2,726 posts)
28. cruikshank; maybe 21 militia, 5 individual
Sat Aug 21, 2021, 06:36 PM
Aug 2021
U.S. v. Cruikshank (1876) Cruikshank was the first Second Amendment case to reach the Supreme Court. Among the counts against Cruikshank et. al, were charges to deprive two blacks of their First and Second Amendment rights.

... regarding the Second Amendment violations the supreme court wrote:
1 The second [count of indictment] avers an intent to hinder and prevent the exercise by the same [2 black] persons of the 'right to keep and bear arms for a lawful purpose.'
2 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, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called..."internal police."


Repeat excerpt above: The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution.

So tell me chaps, how is it that 'bearing arms for a lawful purpose', is not a right granted by the constitution/bill of rights, per the 1876 supreme court. Isn't that what the individual right interpretation perpetrated by scalia, is essentially supposed to mean? An individual right to bear arms for a lawful purpose?
I believe this decision was also unanimous, 9 - 0. Anyone know for sure?

Cruikshank has been cited for over a century by supporters of restrictive state and local gun control laws such as the Sullivan Act.

While cruikshank decision was white power inspired to, inter alia, hinder blacks voting, the above wording provides their interpretation of 2ndA in 1876.

The Cruikshank ruling allowed groups such as the Ku Klux Klan to flourish and continue to use paramilitary force to suppress black voting. As white Democrats dominated the Southern legislatures, they turned a blind eye on the violence. They refused to allow African Americans any right to bear arms. https://caselaw.findlaw.com/us-supreme-court/92/542.html#

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0 members have recommended this reply (displayed in chronological order):

The only "well regulated militia" [View all] safeinOhio Jan 2021 OP
Disagree; we the people, all of us, need to be ready to defend our country. LongtimeAZDem Jan 2021 #1
Then they all need safeinOhio Jan 2021 #2
"Well regulated" as intended, means that every citizen is trained, equipped, and prepared LongtimeAZDem Jan 2021 #3
When written it didn't mean women. safeinOhio Jan 2021 #4
Quibble all you want. If January 6 didn't wake you up, I won't argue with you. LongtimeAZDem Jan 2021 #5
Because the NG is regulated, they can be cleaned up. safeinOhio Jan 2021 #7
Unless, of course, that the states pass something yagotme Feb 2021 #17
Of course. needledriver Jan 2021 #6
10 United States Code section 246... krispos42 Jan 2021 #8
Sounds like the old draft. safeinOhio Jan 2021 #9
Unorganized Militia? hahahahahahahahahahahahahahahaha jimmy the one Aug 2021 #22
Nice try krispos42 Aug 2021 #24
There's this saying about repeating a lie. discntnt_irny_srcsm Aug 2021 #25
12 justices for militia, 5 for individual jimmy the one Aug 2021 #26
Huh, well since there have been no SCOTUS decisions on this issue, I guess you're... wait a minute! krispos42 Aug 2021 #27
gun control side won last 7 of 8 presidential elections jimmy the one Aug 2021 #30
That's YOUR interpretation of original intent... krispos42 Aug 2021 #31
gun control makes marginal improvements jimmy the one Aug 2021 #32
At the expence of substantial setbacks elswhere. krispos42 Aug 2021 #33
Gun ownership charts, gss, gallup jimmy the one Aug 2021 #34
It's probably the deterioration of telephone polling krispos42 Aug 2021 #35
cruikshank; maybe 21 militia, 5 individual jimmy the one Aug 2021 #28
There's not much point in arguing about it ... HeartachesNhangovers Jan 2021 #10
So? Gun ownership is not linked to militia service hack89 Jan 2021 #11
The antigun (like all true believers, of any sort), have their 'articles of faith'- or... friendly_iconoclast Jan 2021 #12
So now that trump's gone, that "well regulated militia" thing comes back into play. Paladin Jan 2021 #13
"You gun rights people sure were quiet..." About what? What do *you* think ought to have been said? friendly_iconoclast Jan 2021 #14
You've dodged the question before: friendly_iconoclast Jan 2021 #15
First, it's against DU rules to advocate for violence against the government krispos42 Feb 2021 #18
I'm proud to call my self a liberal...AND a gun owner. Rick Rolle Feb 2021 #19
I'm a liberal gun owner, myself. Paladin Feb 2021 #20
maybe 90 million gun owners jimmy the one Aug 2021 #23
Fortunately gun ownership is an individual right independent of militia service. Nt hack89 Feb 2021 #16
Both I, and the SCOTUS, agree with you. Rick Rolle Feb 2021 #21
I'll admit that the National Guard is more "well-regulated" than the unorganized militia... SYFROYH Aug 2021 #29
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