Oyez, oyez, oyez!

United States v. Cruikshank (1875)

Second Amendment

"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."


Second Amendment further explained by Chief Justice Waite in 1874.

Mr. Chief Justice Waite of the U.S. Supreme Court wrote the lead opinion for United States v. Cruikshank (No. 92, October Term, 1874). 

Point from Case Syllabus

"6. The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence.  The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."

Excerpts from the lead opinion written by US Supreme Court Chief Justice Waite

[92 US 553] ..."The second and tenth counts are equally defective.  The right there specified is that of 'bearing arms for a lawful purpose.'  This is not a right granted by the Constitution.  Neither is it in any manner dependent upon that instrument for its existence.  The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by Congress.  This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the 'powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police,' 'not surrendered or restrained' by the Constitution of the United States."

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