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''United States v. Cruikshank'', 92 U.S. 542 (1875) was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment. The case arose during the Reconstruction Era from the 1872 Louisiana gubernatorial election which was hotly disputed, and led to both major political parties certifying their slates of local officers. At Colfax, Louisiana, tensions climaxed in the Colfax massacre, in which 105 black people and 3 white people were killed. A federal judge ruled that the Republican-majority legislature be seated, but the Democrats did not accept this. Growing social tensions erupted on April 13, 1873, when an armed militia of white Democrats attacked black Republican freedmen, who had gathered at the Grant Parish Courthouse in Colfax, Louisiana, to resist an attempt of Democratic takeover of the offices.〔(''Ulysses S. Grant'', People and Events: "The Colfax Massacre", PBS Website ), accessed August 18, 2013.〕 Federal charges were brought against several members of the white insurgents under the Enforcement Act of 1870, which prohibited two or more people from conspiring to deprive anyone of their constitutional rights. Convictions were appealed to the Supreme Court. Among these charges including hindering the freedmen's First Amendment right to freely assemble and their Second Amendment right to keep and bear arms. In its ruling, the Supreme Court overturned the convictions of the white men, holding that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment applies only to state action, not to actions by individual citizens. It said that the plaintiffs had to rely on state courts for protection, although at the time and for decades after these courts never convicted white men for murder of blacks.〔''Cruikshank'', 92 U.S. 542 at 554〕 The Justices stated "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."〔''Cruikshank'', 92 U.S. 542 at 553〕 Federal troops were withdrawn from the South in 1877, and elections afterward were often fraught with fraud and violence as white Democrats struggled to suppress black Republican voting. From 1890 to 1908, the southern states passed new constitutions or amendments that resulted in disfranchisement of most black people and many poor whites, to prevent the type of Populist coalition that had gained temporary power in the 1880s. This status of political exclusion lasted until after passage of federal civil rights legislation in the 1960s. ==Background== (詳細はGrant Parish courthouse in Colfax, Louisiana to protect it from the pending Democratic takeover. Although some of the black people were armed and initially defended themselves, estimates were that 100-280 were killed, most of them following surrender, including 50 being held prisoner that night. Three white people were killed. This was in the tense aftermath of months of uncertainty following the disputed gubernatorial election of November 1872, when two parties declared victory at the state and local levels. The election was still unsettled in the spring, and both Republican and Fusionists, who carried Democratic backing, had certified their own slates for the local offices of sheriff (Christopher Columbus Nash) and justice of the peace in Grant Parish, where Colfax is the parish seat. Federal troops reinforced the election of the Republican governor, William Pitt Kellogg. Some members of the white mob were indicted and charged under the Enforcement Act of 1870. The Act had been designed primarily to allow Federal enforcement and prosecution of actions of the Ku Klux Klan and other secret vigilante groups in preventing black people from voting and murdering them. Among other provisions, the law made it a felony for two or more people to conspire to deprive anyone of his constitutional rights. The white defendants were charged with sixteen counts, divided into two sets of eight each. Among the charges included violating the freedmen's rights to lawfully assemble, to vote, and to bear arms.〔''Cruikshank'', 92 U.S. 542 at 544-546〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Cruikshank」の詳細全文を読む スポンサード リンク
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