HKB
[251] 16 Stat. 141 (1870).
[252] 92 U.S. 542, 552-553 (1876). At a later point in its opinion the Court used the following language: "Every republican government is in duty bound to protect all its citizens in the enjoyment of an equality of right. That duty was originally assumed by the States; and it still remains there. The only obligation resting upon the United States is to see that the States do not deny the right. This the Amendment guarantees, but no more. The power of the national government is limited to the enforcement of this guaranty." Ibid. 555. These words have reference, quite clearly, to counts of the indictment alleging acts of the conspirators denying "equal protection of the laws" "to persons of color," Congress's power to protect which is derived from Amendment XIV and is confined as the Court says, to protection against State acts. The above quoted words have, however, caused confusion. See pp. 1176-1177.
[253] Hague v. C.I.O., 307 U.S. 496 (1939).
[254] 49 Stat. 449 (1935).
[255] 307 U.S. 496, 515-516 (1939).
[256] Ibid. 525.
[257] "As to the American Civil Liberties Union, which is a corporation, it cannot be said to be deprived of the civil rights of freedom of speech and of assembly, for the liberty guaranteed by the due process clause is the liberty of natural, not artificial, persons. Northwestern Nat. L. Ins. Co. v. Riggs, 203 U.S. 243, 255; Western Turf Asso. v. Greenberg, 204 U.S. 359, 363;" 307 U.S. 496, 527 (1939). See also ibid. 514.
[258] 167 U.S. 43 (1897). This case was treated above, at p. 784.
[259] 314 U.S. 252 (1941).
[260] 323 U.S. 516 (1945).
[261] Auto Workers v. Wis. Board, 336 U.S. 245 (1949).
[262] Collins v. Hardyman, 341 U.S. 651 (1951); 17 Stat. 13, 8 U.S.C. Sec. 47 (3).
[263] 341 U.S. 651, 663 (1951).
[264] 2 U.S.C. Sec. 261-270. See also: General Interim Report of the House Select Committee on Lobbying Activities, Eighty-First Congress, Second Session, created pursuant to H. Res. 298, October 20, 1950, United States Government Printing Office, Washington (1950): see also 9 Encyclopedia of the Social Sciences 567, "Lobbying."
[265] National Association of Manufacturers v. McGrath, 103 F. Supp. 510 (1952). Upon review, the Supreme Court vacated this judgment as moot.--334 U.S. 804, 807.
[266] Rumely v. United States, 197 F. 2d 166, 174-175 (1952).
AMENDMENT 2
BEARING ARMS
Amendment 2
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
The protection afforded by this amendment prevents infringement by Congress of the right to bear arms for a lawful purpose, but does not apply to such infringement by private citizens. For this reason an indictment under the Enforcement Act of 1870,[1] charging a conspiracy to prevent Negroes from bearing arms for lawful purposes was held defective.[2] A State statute which forbids bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, does not abridge the right of the people to keep and bear arms.[3] In the absence of evidence tending to show that possession or use of a shotgun having a barrel of less than 18 inches in length has some reasonable relationship to the preservation or efficiency of a well regulated militia, the Court refused to hold invalid a provision in the National Firearms Act[4] against the transportation of unregistered shotguns in interstate commerce.[5]
Notes
[1] 16 Stat. 140 (1870).
[2] United States v. Cruikshank, 92 U.S. 542, 553 (1876).
[3] Presser v. Illinois, 116 U.S. 252, 265 (1886).
[4] 48 Stat. 1236 (1934).
[5] United States v. Miller, 307 U.S. 174 (1939).
AMENDMENT 3
QUARTERING SOLDIERS
Amendment 3
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.