Wikipedia mentions this in a list of U.S. Supreme Court cases but has no dedicated article. I’m interested because this decision is cited second only to Miller as establishing the “collective” interpretation of the Second Amendment prior to Heller, and I’d like to read more about it.
The original 3rd Circuit Court of Appeals decision. You can’t find it at FindLaw.
Well now I’m confused. Unless I picked the wrong citation, the case in question didn’t say a word about any Second Amendment issue. It revolved around interstate commerce and what constituted a valid presumption of guilt. A search doesn’t even reveal the word “militia” anywhere in it.
From an old thread where I got the info:
ETA: Thanks to ExTank
I could say more, but we’d definitely be moving into GD territory.
BTW, Lumpy, I think you quoted me, above.
At least, I do seem to recall saying words very much to that effect in a “debate” I had with…someone…in The Pit some years ago.
To be clear, U.S. v Tot was the 1942 3rd Circuit opinion, which discusses the Second Amendment.
Tot v. U.S. was the 1943 Supreme Court decision, which does not.
I don’t know enough to comment on the importance of the case(s), I just noticed you were treating Tot v. US & US v. Tot as interchangeable which they aren’t.