Presser v. Illinois
Supreme Court of the United States
error to the supreme court op THE STATE OP ILLINOIS. Herman Presser, the plaintiff in error, was indicted on September 24, 1879, in the Criminal Court of Cook County, Illinois, for a violation of the following sections of Art. XI. of the Military Code of that State, Act of May 28, 1879, Laws of 1879, 192. “ § 5. 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…
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error to the supreme court op THE STATE OP ILLINOIS. Herman Presser, the plaintiff in error, was indicted on September 24, 1879, in the Criminal Court of Cook County, Illinois, for a violation of the following sections of Art. XI. of the Military Code of that State, Act of May 28, 1879, Laws of 1879, 192. “ § 5. 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…
1Opinion of the CourtJustice Woods
After stating the facts in. the language above reported,, he continued:
The position of the plaintiff in error in this court was, that the entire statute under which he was convicted was invalid and void, because its enactment was the exercise of a power by the legislature of Illinois forbidden to the States by the Constitution of the United States.
The clauses of the Constitution of the United States referred to in the assignments of error, were as follows:
Art. I., sec. S. “ The Congress shall have power ... To raise and support armies. ... To provide for calling forth the militia to execute…
2Cases cited17 opinions
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- United States v. CruikshankSupreme Court of the United States · 1876
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- United States v. SteffensSupreme Court of the United States · 1879
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