Justice Jackson on the Second Amendment

Discussion in 'Firearm Related' started by Malum Prohibitum, Oct 30, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    "If the Fifth Amendment confers its rights on all the world except Americans engaged in defending it, the same must be true of the companion civil-rights Amendments, for none of them is limited by its express terms, territorially or as to persons. Such a construction would mean that during military occupation irreconcilable enemy elements, guerrilla fighters, and "werewolves" could require the American Judiciary to assure them freedoms of speech, press, and assembly as in the First Amendment, right to bear arms as in the Second, security against "unreasonable" searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments."

    - MR. JUSTICE JACKSON, U.S. Supreme Court, [JOHNSON v. EISENTRAGER, 339 U.S. 763 (1950). Decided June 5, 1950. Page 339 U.S. 763, 784]
  2. fallison

    fallison Guest

    Isn't that exactly what is happening with the cases coming out of Gitmo?