Have a personal or library account? Click to login
Cruikshank, Presser and Miller: The Second Amendment to the U.S. Constitution in the Early Jurisprudence of the Supreme Court Cover

Cruikshank, Presser and Miller: The Second Amendment to the U.S. Constitution in the Early Jurisprudence of the Supreme Court

By: Piotr Czeczot  
Open Access
|Dec 2025

Abstract

The article analyzes early U.S. Supreme Court jurisprudence on the Second Amendment, focusing on United States v. Cruikshank (1876), Presser v. Illinois (1886), and United States v. Miller (1939). It examines how these rulings interpreted the right to keep and bear arms and their influence on shaping the amendment’s meaning. Using case law analysis, historical methods, and comparative review of American and Polish legal scholarship, the study highlights that early Supreme Court decisions viewed the right to keep and bear arms not as an individual guarantee against state interference, but as a collective entitlement tied to well regulated militia. This collective interpretation dominated for over a century until District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), which redefined the Second Amendment as a source of individual rights to possess and carry firearms. The analysis clarifies the historical evolution of Second Amendment interpretation and its enduring importance for contemporary constitutional debate. The findings demonstrate that early jurisprudence profoundly shaped American constitutional culture and that the modern, individual-rights understanding of the Second Amendment is a relatively recent product of constitutional reinterpretation.

DOI: https://doi.org/10.2478/slgr-2025-0062 | Journal eISSN: 2199-6059 | Journal ISSN: 0860-150X
Language: English
Page range: 1179 - 1196
Published on: Dec 31, 2025
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year
Related subjects:

© 2025 Piotr Czeczot, published by University of Białystok
This work is licensed under the Creative Commons Attribution 4.0 License.