SCOTUS decisions on the 2A
Letter to the editor
In an attempt to spread the word about the unconstitutional sedition being considered throughout our nation, and the sedition already committed by your Colorado legislature and that of New York I have compiled a compacted list of appropriate standing SCOTUS decisions dealing with our unalienable rights. Please see them below and I'll encourage you to have them researched and then blasted as far as you can blast them.
Bill C
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 this 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)
