The importance of the decision of Robert H. Jackson, Supreme Court Justice, is that it reflects the proper constitutional intent of the first ten amendments of the Constitution of the United States of America which is known as the Bill of Rights.

“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship, and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”

                                                                                                                                 ...JACKSON, J., West Virginia Stale Board of

                                                                                                                                         Education v Barnette 1943 319 US 624.638,

                                                                                                                                 87 Led 1628, 1638, 63 S Ct 1178, 147 ALR 674.

Justice Jackson's decision makes these points as statements of fact:


The decision makes the statement that all public officials and majorities are required to abide by the position that the Bill of Rights is a special document which protects the sacred rights of the people.


The decision states that the Bill of Rights was especially drawn up to prohibit political controversy over these most endangered rights of the people.


The decision rejects recognition or acceptance of popular opinions or whims of public officials and majorities, and affirms that the rights contained in the Bill or Rights are completely outside of the capricious presumptions of either group.


The decision states that the rights within the Bill of Rights have already been clearly established by those who drafted the document, and it is mandatory that their constitutional intent is to be applied by the courts.


The decision states that the rights within the Bill of Rights are not dependent upon the outcome of any election and that they may not even be submitted to vote, meaning public officials or majorities of other kinds. This would also prohibit state and federal Supreme Courts from the position taken in which it is inferred that they have the right to interpret the meaning of the Second Amendment.


The decision extends protection to any other fundamental right of the people, not necessarily listed in the Bill of Rights.





Second Amendment Committee    P.O. Box 1776    Hanford, Ca  93232    (559) 584-5209