presser state illinois argued decided january allan story lyman trumbull plaintiff error george hunt atty illinois defendant error woods position plaintiff error entire statute convicted invalid void enactment exercise power legislature illinois forbidden constitution clauses constitution referred assignments error follows congress shall power raise support armies provide calling forth militia execute laws union suppress insurrections repel invasions provide organizing arming disciplining militia governing part may employed service reserving respectively appointment officers authority training militia according discipline prescribed congress make laws shall necessary proper carrying execution foregoing powers etc state shall without consent congress keep troops time peace amendments well regulated militia necessary security free state right people keep bear arms shall infringed plaintiff error also contended enactment fifth sixth sections article military code forbidden subdivision section article declares bill attainder ex post facto law shall passed article amendments provides state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law first contention counsel plaintiff error congress virtue provisions article section quoted passed act may entitled act effectually provide national defense establishing uniform militia throughout act february provide calling forth militia execute laws union suppress insurrections repel invasions act july authorize employment volunteers aid enforcing laws protecting public property subsequent acts forming militia revised statutes legislature illinois power pass act approved may provide organization state militia entitled code illinois provisions sections article plaintiff error indicted argument support contention power organizing arming disciplining militia confided constitution congress acts upon subject passes law carry effect constitutional provision action excludes power legislation state subject argued whole scope object military code illinois conflict law congress said object act congress provide organizing arming disciplining male citizens respectively certain ages may ready times respond call nation enforce laws suppress insurrection repel invasion thereby avoid necessity maintaining large standing army liberty never safe hand effect object illinois statute prevent organizing arming disciplining militia plaintiff error insists act congress requires absolutely citizens state certain ages enrolled militia act illinois makes enrollment dependent necessity use troops execute laws suppress insurrections leaves discretionary governor proclamation require enrollment act congress requires entire enrolled militia state exemptions made may made state laws formed companies battalions regiments brigades divisions every man shall armed supplied ammunition provides system discipline field exercises companies regiments subjects entire militia state call president enforce laws suppress insurrection repel invasion provides punishment militia officers men refuse obedience orders hand said state law makes unlawful citizens except called national guard associate together military company drill parade arms without license governor declares military company shall leave state arms equipments without consent even men styled national guard enrolled organized required act congress subject call president constitute military force sworn serve military service state obey orders governor leave state without consent state act valid national act providing organizing arming disciplining militia force state illinois illinois act far harmony act congress insurmountable obstacle execution found necessary consider decide question thus raised validity entire military code illinois opinion sections plaintiff error convicted may valid even sections act invalid settled rule statutes constitutional part upheld far conflict constitution provided allowed prohibited parts separable packet keokuk penniman case unity burrage id see also cases opinion rule applicable case first two sections article military code provide bodied male citizens state ages years except exempted shall subject military duty designated state militia declare shall enrolled circumstances residue code except two sections indictment plaintiff error based provides volunteer active militia consist officers men declares shall enlisted brigaded term service officers men provides brigade generals staffs organization requisite battalions companies election company officers provides inspections parades encampments arms armories rifle practice provides pay officers men medical service regimental bands books instructions maps contains provisions levying collecting military fund taxation directs shall expended appropriates treasury advance collection military fund used purposes specified military code plain statement substance military code two sections upon indictment plaintiff error based may separated residue code stand upon independent provisions sections might left military code put act act thus constituted residue military code coherent sensible acts conceded entire military code except sections unconstitutional invalid reasons stated plaintiff error sections separable put act considered forbidden clauses constitution reference militia clause forbidding without consent congress keep troops time peace connection sections prohibit body men organized militia state troops associating military company drilling arms city town state sections provide enrollment organization state militia makes impossible declare one without declaring invalid view disposes objection judgment illinois judgment effect legislation indictment based invalid reason provisions constitution vest congress power raise support armies provide calling organizing arming disciplining militia governing part may employed service provision declares state shall without consent congress keep troops time peace next inquire whether fifth sixth sections article military code violation provisions constitution relied plaintiff error first second amendment declares well regulated militia necessary security free state right people keep bear arms shall infringed think clear sections consideration forbid bodies men associate together military organizations drill parade arms cities towns unless authorized law infringe right people keep bear arms conclusive answer contention amendment prohibits legislation question lies fact amendment limitation upon power congress national government upon state held case cruikshank chief justice delivering judgment said right people keep bear arms right granted constitution neither manner dependent upon instrument existence second amendment declares shall infringed seen means shall infringed congress one amendments effect restrict powers national government leaving people look protection violation rights recognizes called city new york miln pet relate merely municipal legislation perhaps properly called internal police surrendered restrained constitution see also barron baltimore pet fox state twitchell wall jackson wood cow com purchase pick cruikshank woods north carolina newsom ired andrews state heisk fife state ark undoubtedly true citizens capable bearing arms constitute reserved military force reserve militia well view prerogative general government well general powers even laying constitutional provision question view prohibit people keeping bearing arms deprive rightful resource maintaining public security disable people performing duty general government already stated think clear sections consideration effect plaintiff error next insists sections military code illinois indicted invasion clause first section fourteenth amendment constitution declares state shall make enforce law shall abridge privileges immunities citizens privileges immunities citizens clause relied intended protect state may pass laws regulate privileges immunities citizens provided abridge privileges immunities citizens inquiry therefore pertinent privilege immunity citizen abridged sections article military code illinois plaintiff error member organized volunteer militia state illinois belong troops organization militia law contrary fact belong organized militia troops ingredient offense convicted sentenced question therefore right citizen disobedience state law associate others military company drill parade arms towns cities state plaintiff error privilege must able point provision constitution statutes conferred said cruikshank government although scope powers neither grant secure citizens right privilege expressly implication placed jurisdiction granted secured left exclusive protection state referred statute confers upon plaintiff error privilege asserts clause constitution upon pretense said relation whatever right associate others military company found first amendment declares shall make laws abridging right people peaceably assemble petition government redress grievances right held cruikshank cited attribute national citizenship protection guarantied held case right peaceably assemble protected clause referred unless purpose assembly petition government redress grievances right voluntarily associate together military company organization drill parade arms without independent act congress law state authorizing attribute national citizenship military organization military drill parade arms subjects especially control government every country claimed right independent law political system subject regulation control state federal governments acting due regard respective prerogatives powers constitution laws searched vain support view rights privileges immunities citizens independent specific legislation subject successfully questioned state governments unless restrained constitutions power regulate prohibit associations meetings people except case peaceable assemblies perform duties exercise privileges citizens also power control regulate organization drilling parading military bodies associations except bodies associations authorized militia laws exercise power necessary public peace safety good order deny power deny right state disperse assemblages organized sedition treason right suppress armed mobs bent riot rapine case new york miln pet said choose rather plant consider impregnable positions state undeniable unlimited jurisdiction persons things within territorial limits foreign nation jurisdiction surrendered restrained constitution virtue right bounden solemn duty state advance safety happiness prosperity people provide general welfare every act legislation may deem conducive ends power particular subject manner exercise surrendered restrained manner stated namely constitution laws see also gibbons ogden wheat gilman philadelphia wall license tax cases wall dewitt wall cruikshank considerations authorities sustain power exercised legislature illinois enactment sections article military code argument plaintiff error legislation mentioned deprives either life liberty property without due process law bill attainder ex post facto law clearly untenable require discussion next contended plaintiff error sections article military code indicted conflict acts congress organization militia position based seems us unwarranted construction sections referred clear object forbid voluntary military associations unauthorized law organizing drilling parading arms cities towns state interfere organization arming drilling militia authority acts congress object effect sections irreconcilable conflict acts congress course invalid rule construction statute must interpreted possible make consistent constitution paramount law parsons bedford pet grenada brogden sup marshall grimes miss yielded contention plaintiff error render sections valid giving strained construction make antagonistic law congress attribute legislature unless compelled plain words purpose pass act conflict act congress subject congress given authority constitution therefore opinion fairly construed sections military code referred conflict laws congress subject militia plaintiff error insists organization lehr und wehr verein corporate body general corporation law state illinois effect license governor within meaning section article military code corporate body fell within exception section students educational institutions military science part course instruction respect points say present federal question therefore province consider decide murdock memphis wall federal questions presented record rightly decided illinois judgment affirmed