Abridge definition government4/2/2023 ![]() They shall be entitled only to transportationĪnd subsistence, and shall report and be subject to the commandant of such encampment, provided that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords." It shall not be lawful for any body of men whatever other than the regular organized volunteer militia of this state and the troops of the United States to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town of this state without the license of the Governor thereof, which license may at any time be revoked, and provided further that students in educational institutions where military science is a part of the course of instruction may, with the consent of the Governor, drill and parade with arms in public under the superintendence of their instructors, and may take part in any regimental or brigade encampment under command of their military instructor, and while so encamped shall be governed by the provisions of this act. XI of the Military Code of that state, Act of May 28, 1879, Laws of 1879, 192. ![]() Herman Presser, the plaintiff in error, was indicted on September 24, 1879, in the Criminal Court of Cook County, Illinois, far a violation of the following sections of Art. Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States. The provision in the Fourteenth Amendment to the Constitution that "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States" does not prevent a state from passing such laws to regulate the privileges and immunities of its own citizens as do not abridge their privileges and immunities as citizens of the United States. But in view of the fact that all citizens capable of bearing arms constitute the reserved military force of the national government as well as in view of its general powers, the states cannot prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining the public security. The provision in the Second Amendment to the Constitution, that "The right of the people to keep and bear arms shall not be infringed" is a limitation only on the power of Congress and the national government, and not of the states. These provisions is constitutional, and does not infringe the laws of the United States, and it is sustained as to them, although the act contains other provisions, separable from the foregoing, which it was contended infringed upon the powers vested in the United States by the Constitution or upon laws enacted by Congress in pursuance thereof. ![]() ![]() ![]() The doctrine that statutes constitutional in part only will be upheld as to what is constitutional if it can he separated from the unconstitutional provisions reasserted.Ī state statute providing that all able-bodied male citizens of the state between eighteen and forty-flue, except those exempted, shall be subject to military duty, and shall he enrolled and designated as the state militia, and prohibiting all bodies of men other than the regularly organized volunteer militia of the state and the troops of the United States from associating together as military organizations or drilling or parading with arms in any city of the state without license from the governor as to ![]()
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