| Line 1: |
Line 1: |
| − | [http://expelledexposed.com Expelled] | + | In ''United States v. Miller'', 307 U.S. 174 (1939), the [[U.S. Supreme Court]] reversed the District Court's invalidation of the National Firearms Act, enacted in 1934. The Court held that the [[Second Amendment]] did not guarantee a citizen's right to possess a sawed-off shotgun because that weapon had not been shown to be "ordinary military equipment" that could "contribute to the common defense." ''Id.'' at 178. |
| − | [http://expelledexposed.com Expelled] | + | |
| − | [http://expelledexposed.com Expelled] | + | The facts of the case actually concerned the constitutionality of a federal tax on sawed-off shotguns, which in this case was a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length. The National Firearms Act, which was a revenue measure, was challenged by Miller as an attempt to usurp police power reserved to the States and thus beyond congressional power under [[Commerce Clause]], and as a violation of the substantive right protected by the [[Second Amendment]]. The Court rejected both arguments, citing laws passed in the 1780s (just a few years prior to the adoption of the [[Second Amendment]] in [[Massachusetts]], [[New York]] and [[Virginia]] that emphasize the importance of militias. |
| − | [http://expelledexposed.com Expelled] | + | |
| − | [http://expelledexposed.com Expelled]
| + | Justice [[James McReynolds]] wrote the opinion for the unanimous Court. Justice [[William O. Douglas]] has been newly appointed to the Court and did not participate in the decision. |
| − | [http://expelledexposed.com Expelled]
| + | |
| − | [http://expelledexposed.com Expelled] | + | The Court did not address this issue again prior to 2008. |
| − | [http://expelledexposed.com Expelled] | + | [[category:United States Supreme Court Cases]] |
| − | [http://expelledexposed.com Expelled] | + | [[category:Second Amendment]] |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled]
| |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled]
| |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled] | |
| − | [http://expelledexposed.com Expelled]
| |