Essay heading: 2nd Amendment Rights

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September 19, 2005

 

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252 (1886). Although the Supreme Court affirmed the holding in Cruikshank that the Second Amendment, standing alone, applied only to action by the federal government, it nonetheless found the states without power to infringe upon the right to keep and bear arms, holding that "the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, as so to deprive the United States of their rightful resource for maintaining the public securety and disable the people from performing their duty to the general government...
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Miller 307 U.S. 174 (1939) is the Supreme Court's fullest discussion of the Second Amendment. In this case, the court rejected a Second Amendment challenge to a federal law prohibiting the interstate transportation of sawed-off shotguns "in the absence of any evidence" as neither the appellant nor the appellant's attorney were present at the proceedings, while holding that the "obvious purpose" of the Amendment was to "assure the continuation and render possible the effectiveness" of the state militia and it "must be interpreted and applied with that end in view...
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