SCOTUS 2A Decisions References

[BjornF16]

I didn't compile this list, I'm just sharing. Might be a good sticky.

From: http://jpfo.org/articles-assd03/scotus-2a-decisions.htm

Supreme Court Rulings relevant to a Free People

The Supreme Court ruled that it had the power to overturn and/or control laws of Congress with the ruling written by the great Chief Justice John Marshall, which simply said: "All laws repugnant to the Constitution are null and void."
Marbury v. Madison, 1803 5 US 137

The Supreme Court decided that a slave could not be a citizen because if he were a citizen, he would be entitled to enjoy all the rights which American citizens enjoy by reason of their citizenship, rights which the "courts would be bound to maintain and enforce," including the rights "to hold public meetings upon political affairs, and to keep and carry arms wherever they went."
Scott v. Sandford, 1857 60 US 691, 705

"The people's right to bear arms, like the rights of assembly and petition, existed long before the Constitution, and is not "in any manner dependent upon that instrument for its existence." This ruling also upheld that all able bodied males are members of the militia (one of three such clear rulings).
U.S. v. Cruikshank, 1876 92 US 542, 553

"All citizens capable of bearing arms constitute the reserve militia, and the states cannot prohibit the people from keeping and bearing arms so as to disable the people from performing the (militia) duty to the general government."
Presser v. Illinois, 1886 116 US 252

"Individuals have a right to possess and use firearms for self-defense."
U.S. v. Beard, 1895 158 US 550

In 1897 the Supreme Court ruled that the right to arms is an "ancient" and "fundamental" right, a right which was "inherited from our English ancestors" and has existed "from time Immemorial."
Robertson v. Baldwin, 1897 165 US 275

The Supreme Court ruled that that by implication even resident aliens have the right to possess "weapons such as pistols that may be supposed to be needed occasionally for self-defense."
Patsone v. Pennsylvania, 1914 232 US 138

The Supreme Court decided that a person facing a deadly attack may use lethal force in his self-defense, adding "Detached reflection cannot be demanded in the presense of an uplifted knife."
U.S. v. Brown, 1921 256 US 335

The Supreme Court stated that, the great and essential rights of the people are secured against legislative as well as against executive ambition. They are secured, not by laws paramount to prerogative, but by constitutions paramount to laws." (Chief Justice Hughes quoting James Madison).
Near v. Minnesota, 1931 283 US 697, 714

"The militia is comprised of all able bodied males ... ordinarily when called these men were expected to appear bearing arms supplied by themselves and of a kind in common (military) use at the time."
U.S. v. Miller, 1939 307 US 174

In a first amendment case involving freedom of the press and religion, the Supreme Court ruled "The power to impose a license fee on a constitutional right amounts to prior restraint and the power to restrict or deny the right ... a tax laid specifically on the exercise of these freedoms would be unconstitutional."
Murdock v. Pennsylvania, 1943 319 US 105

The Supreme Court ruled that "The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution."
Reid v. Covert, 1957 354 US 1

Strangely, the Supreme Court has ruled that a convicted felon is exempt from obeying gun registration laws, that a "proper claim of the constitutional privilege against self-incrimination provides a full defense to prosecutions either for failure to register a firearm ... or for possession of an unregistered firearm."
U.S. v. Hayes, 1968 390 US 85

The Supreme Court has twice ruled that a federal official who deprives a citizen of a right guaranteed by the U.S. Constitution may be held personally liable for damages.
Bivens v. Six Unknown Federal Agents of the Federal Bureau of Narcotics, 1971
403 US 388 / Carlson v. Green, 1980 446 US 14

The Supreme Court ruled that a person enjoys a fundamental right to possess arms until his first conviction for a felony offense.
U.S. v. Lewis, 1980 445 US 95

"Police have no duty to protect any individual, but only a general duty to protect society, and cannot be held personally liable for failure to protect an individual."
South v. Maryland, 1855 / Warren v. District of Columbia, 1981

"The term "the people" as explicitly used in the Second Amendment and elsewhere in the Constitution and Bill of Rights is a term chosen by the Founding Fathers to mean all individuals who make up our national community." U.S. v. Verdugo Urquidez, 1990 No. 88-1353

The Supreme Court has ruled that a state official who, "under color of state law," deprives a citizen of a right guaranteed by the federal Constitution may be held personally liable for damages.
Hafer v. Melo, 1991 No. 90-681

And so that none can be mistaken, the Supreme Court has ruled seven times in the 20th century (plus one concurring opinion) that the first eight amendments express fundamental personal rights guaranteed by the Constitution.

Twining v. New Jersey, 1908 211 US 78
Powell v. Alabama, 1932 287 US 45
Grosjean v. American Press Co., 1936 297 US 233
Gideon v. Wainwright, 1963 372 US 335
Duncan v. Louisiana, 1968 391 US 166
Moore v. East Cleveland, 1976 431 US 494
Planned Parenthood v. Casey, 1992 No. 91-744
Griswold v. Connecticut, 1965 (concurring) 381 US 479

The Supreme Court ruled that public housing tenants in Maine cannot be barred from keeping guns in their homes. 10/2/1995

The United States Supreme Court held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use in federal enclaves. It was the first Supreme Court case in U.S. history to decide whether the Second Amendment protects an individual right to keep and bear arms for self defense.On June 26, 2008, the Supreme Court affirmed the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia. The Court of Appeals had struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are "arms" for the purposes of the Second Amendment, found that the District of Columbia's regulations act was an unconstitutional banning, and struck down the portion of the regulations act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" "Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975"
District of Columbia v Heller, 2008 554 U.S. 570 (2008)

Supreme Court affirmed that the 14th Amendment incorporates the 2nd Amendment, meaning that 2nd Amendment applies to the States equally as Federal government. McDonald v. Chicago, 2010 561 U.S 742 (2010)

[BjornF16]

18th Century lexicon

From Noah Webster's 1824 American Dictionary of English Language:

bear - To carry; to convey; to support and remove from place to place; as, 'they bear him upon the shoulder; ', 'the eagle beareth them on her wings.'

arms - 1. Weapons of offense, or armor for defense and protection of the body. 2. In law, arms are any thing which a man takes in his hand in anger, to strike or assault another. A stand of arms consists of a musket, bayonet, cartridge-box and belt, with a sword. But for common soldiers a sword is not necessary.

ordnance - noun [from ordinance.] Cannon or great guns, mortars and howitzers; artillery.

firearms - noun plural Arms or weapons which expel their charge by the combustion of powder, as pistols, muskets, etc

pistol - noun A small fire-arm, or the smallest fire-arm used, differing from a musket chiefly in size. Pistols are of different lengths, and borne by horsemen in cases at the saddle bow, or by a girdle. Small pistols are carried in the pocket.

infringe - 1. To break, as contracts; to violate, either positively by contravention, or negatively by non-fulfillment or neglect of performance. A prince or a private person infringes an agreement or covenant by neglecting to perform its conditions, as well as by doing what is stipulated not to be done. 2. To break; to violate; to transgress; to neglect to fulfill or obey; as, to infringe a law.

"If the citizens neglect their Duty and place unprincipled men in office, the government will soon be corrupted; laws will be made, not for the public good so much as for selfish or local purposes; corrupt or incompetent men will be appointed to execute the Laws; the public revenues will be squandered on unworthy men; and the rights of the citizen will be violated or disregarded."

- Noah Webster

[BjornF16]

Reading the SCOTUS decisions is pretty interesting.

The 1824 American Dictionary of English Language (Noah Webster) captures the language of the Constitution (and earlier American documents). We bought a hardback version when homeschooling our kids and teaching them American History.

Another great book that investigates the issues and debates leading to 2A (and includes various state convention discussions on same) is: The Founders' Second Amendment: Origins of the Right to Bear Arms

Edit follows:
Why is researching the debates that frame the Constitution and Bill of Rights important? Because those debates show the intent of Founders and is relevant to decisions by the Judicial Branch, even though some may say that only the printed words matter.

To wit (from Supreme Court decision in U.S. v. Verdugo Urquidez, 1990 No. 88-1353) emphasis added:

• (c) The Fourth Amendment's drafting history shows that its purpose was to protect the people of the United States against arbitrary action by their own Government and not to restrain the Federal Government's actions against aliens outside United States territory. Nor is there any indication that the Amendment was understood by the Framers' contemporaries to apply to United States activities directed against aliens in foreign territory or in international waters. Pp. 266-268.

[BjornF16]

Federalist argument was Bill of Rights were unnecessary because it was inferred (either by limiting the power of federal government to delegated authorities - which, btw, was terribly naive, or the populace would rise up in arms).

Anti-Federalist argument was Bill of Rights were necessary because governments are made up of men, who are inherently corrupt (cynical, yet completely true and born out by history).

The Federalist v Anti-Federalist debates raged in half the states' conventions as well. In the states that actually had meaningful discussions on 2A, there were three main reasons given for the right to bear arms: 1. Self defense; 2. Defense of community/state/country (to include against oppressive government); 3. Hunting

For nearly the first hundred years, there really wasn't much disagreement on what 2A meant. The first SCOTUS case directly on 2A was in 1876 (Cruikshank).