Legal Decisions

Legal Decisions

"The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard."

-Title 10, Section 311 of the U.S. Code.

 
"Constitutional rights may not be infringed simply because the majority of the people choose that they be."

- Supreme Court of the United States, Westbrook v. Mihaly 2 C3d 756

 
"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the 'High Powers' delegated directly to the citizen by the United States Constitution, Amendment II, and "is excepted out of the general powers of government". A law cannot be passed to infringe upon it or impair it, because it is above the law, and independent of the law-making power."

-Supreme Court of Texas, Cockrum v. State of Texas (1859).

 
"There is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment, or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let the people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order."

-Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982)

 
"The Militia comprised all males physically capable of acting in concert for the common defense... And ... these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

-Supreme Court of the United States, U.S. v. Miller (1939).

 
"...in the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense."

-Supreme Court of the United States, U.S. v. Miller (1939).

 
"The states cannot, even laying the Constitutional provision out of view, prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining public security, and disable the people from performing their duty to general government."

-Supreme Court of the United States, Presser v. Illinois (1886).

 
"... 'the people' seems to have been a term of art employed in select parts of the Constitution. The Preamble declares that the Constitution is ordained, and established by 'the people of the the U.S.' The Second Amendment protects the right of the people to keep and bear Arms ...."

-Supreme Court of the United States., U.S. v. Uerdugo-Uriquidez (1990).

 
"... to prohibit a citizen from wearing or carrying a war arm ... is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege."

-Wilson v. State, 33 Ark. 557, 560, 34 Am. Rep. 52 (1878)

 
"All laws which are repugnant to the constitution are null and void."

-Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

 
"No one is bound to obey an unconsitutional law and no courts are bound to enforce it."

-16 Am Jur 2nd, sec 177 late 2nd, sec 256

 
"'the people' protected by the Fourth Amendment, and by the First and Second Amendments... refers to a class of persons who are part of the national community."

-Supreme Court of the United States, Presser v. Verdugo-Urquidez (1990).

 
"The rights of the Second Amendment should be as zealously guarded as the other individual liberties enshrined in the bill of rights."

-U.S. v. Emerson, U.S. federal court, Northern District of Texas, 1999

 

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