Militias and the Right to Bear Arms 1939

Militias and the Right to Bear Arms 1939
Militias and the Right to Bear Arms 1939

Militias and the Right to Bear Arms 1939

United States v. Miller

Facts of the case

When Jack Miller and Frank Layton transported a sawed-off double-barrel 12-gauge shotgun in interstate commerce, an Arkansas federal district court charged them with violating the National Firearms Act of 1934 (“NFA”). Miller and Layton claimed that the NFA infringed on their freedom to keep and bear arms under the Second Amendment. The case was dismissed by the district court.

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Plessy v. Ferguson: Separate but Equal 1896

Plessy v. Ferguson: Separate but Equal 1896

Plessy v. Ferguson: Separate but Equal 1896
This memorial plaque is at the corner of Press and Royal Streets in New Orleans, Louisiana, where Homer Plessy was arrested.
Plessy v. Ferguson: Separate but Equal 1896

Homer Plessy (1863–1925), Henry Billings Brown (1836–1913),

John Marshall Harlan (1833–1911)

The historic 1896 United States Supreme Court case Plessy v. Ferguson established the validity of racial segregation under the “separate but equal” theory. The lawsuit came from an event in which Homer Plessy, an African American railway passenger, refused to seat in a car reserved for Black people in 1892.

The Supreme Court rejected Plessy’s claim that his constitutional rights had been infringed, ruling that a legislation that “implies only a juridical distinction” between white and black persons is not unconstitutional. As a result, Jim Crow laws and segregated public accommodations for people of different races were popular.

Plessy v. Ferguson: Background and Context

Following the removal of federal soldiers from the South as a result of the 1877 Compromise, Democrats secured control of state legislatures across the area, essentially ending Reconstruction.

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Marbury v. Madison Case – Power of Judiciary

Marbury v. Madison Case – Power of Judiciary

John Adams (1735–1826), William Marbury (1762–1835), Thomas Jefferson (1743–1826), James Madison (1751–1836), John Marshall (1755–1835)

Marbury v. Madison Case – Power of Judiciary
Marbury v. Madison Case – Power of Judiciary – John Vanderlyn painted this 1816 portrait of James Madison, President Jefferson’s secretary of State and the fourth president of the United States.

On February 24, 1803, the Supreme Court, led by Chief Justice John Marshall, rules in William Marbury v. James Madison, Secretary of State of the United States, confirming the legal principle of judicial review—the Supreme Court’s ability to limit Congressional power by declaring legislation unconstitutional—in the new nation.

The court found that the new president, Thomas Jefferson, was improper to block William Marbury from taking office as judge of the peace for Washington County in the District of Columbia through his secretary of state, James Madison. The court did, however, decide that it lacked jurisdiction in the case and that it could not compel Jefferson and Madison to seat Marbury. The Supreme Court was given jurisdiction by the Judiciary Act of 1789, but the Marshall court concluded that it was an unconstitutional expansion of judicial power into the executive branch.

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