United States v. Cruikshank

92 U.S. (2 Otto) 542 (1876)

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United States v. Cruikshank

United States Supreme Court
92 U.S. (2 Otto) 542 (1876)

SC
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Facts

The United States (plaintiff) successfully prosecuted William Cruikshank and others (defendants) under an 1870 federal statute for conspiring to murder two African Americans, thereby denying the victims all their rights under the United States Constitution and federal law, including the rights to (1) assemble peacefully under the First Amendment, (2) bear arms under the Second Amendment, (3) life and liberty, and (4) vote. Cruikshank moved for an arrest of judgment, challenging the legal sufficiency of the indictments. The United States Circuit Court for the District of Louisiana split on the challenge and certified it for consideration by the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Waite, C.J.)

Concurrence/Dissent (Clifford, J.)

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