United States v. Cruikshank Second Amendment to the United States Constitution



in reconstruction era case of united states v. cruikshank, 92 u.s. 542 (1875), defendants white men had killed more sixty black people in known colfax massacre , had been charged conspiring prevent blacks exercising right bear arms. court dismissed charges, holding bill of rights restricted congress not private individuals. court concluded, [f]or protection in enjoyment, people must states.


the court stated [t]he second amendment...has no other effect restrict powers of national government ...... likewise, court held there no state action in case, , therefore fourteenth amendment not applicable:



the fourteenth amendment prohibits state depriving person of life, liberty, or property, without due process of law; adds nothing rights of 1 citizen against another.



thus, court held federal anti-ku-klux-klan statute unconstitutional applied in case.








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