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Roland99

(53,342 posts)
Wed May 25, 2022, 12:49 PM May 2022

Time to return to this interpretation - United States v. Cruikshank, 92 U.S. 542 (1875)

https://supreme.justia.com/cases/federal/us/92/542/#:~:text=Cruikshank%2C%2092%20U.S.%20542%20(1875)&text=The%20right%20to%20keep%20and,Congress%20from%20infringing%20the%20right.

Primary Holding

The right to keep and bear arms exists separately from the Constitution and is not solely based on the Second Amendment, which exists to prevent Congress from infringing the right.
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Time to return to this interpretation - United States v. Cruikshank, 92 U.S. 542 (1875) (Original Post) Roland99 May 2022 OP
Bookmarking Bayard May 2022 #1
SO federal firearm bans are null & void? Oh boy. Well - let's get those states cooking, I guess. BusterMove May 2022 #2
"The Government of the United States ... can neither grant nor secure to its citizens Hortensis May 2022 #3

BusterMove

(11,996 posts)
2. SO federal firearm bans are null & void? Oh boy. Well - let's get those states cooking, I guess.
Wed May 25, 2022, 12:55 PM
May 2022

"The Second Amendments means no more than that {the right to bear arms} shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."

Hortensis

(58,785 posts)
3. "The Government of the United States ... can neither grant nor secure to its citizens
Wed May 25, 2022, 01:20 PM
May 2022

rights or privileges which are not expressly or by implication placed under its jurisdiction. All that cannot be so granted or secured are left to the exclusive protection of the States."

And noting the Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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