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Constitutional Law Keyed to Barnett
United States v. Cruikshank
Citation:
92 U.S. 542 (1875)Facts
In a local Louisiana election in 1872, members of local Democratic and Republican parties claimed to have won the offices of judge and sheriff in Grant Parish, Louisiana. The Republican faction (comprised of free African-American citizens) seized a courthouse, but they were ambushed by a white militia which brutally massacred members of the Republican party as they tried to escape the courthouse (this was known as the “Colfax Massacre”). The U.S. Attorney in Louisiana attempted to prosecute the members of the white militia, including the defendant William Cruikshank, under the Civil Rights Act of 1870. Specifically, the charges against Cruikshank alleged that the militia had interfered with the victims’ constitutional rights to assemble peacefully (under the First Amendment) and bear arms (under the Second Amendment).
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Topic Resources
Topic Outline
Protections of Civil LibertiesTopic Refresher Course
Substantive Due Process