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Ex Parte Terry

• 1888 • 128 U.S. 289 • Fuller Court
Ex parte Terry was a Supreme Court case from 1883 that dealt with the power of the federal government to regulate the activities of private citizens. The case involved a man named Frank Terry, who was arrested in California for carrying a concealed weapon. Terry argued that the federal government had no authority to regulate his activities, as the Second Amendment of the Constitution only protected the right to bear arms in a militia. The Supreme Court disagreed, ruling that the federal...Open Case
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Chief Fuller Court
Term: 1888
Docket: 6 ORIG
128 U.S. 289
9 S. Ct. 77
32 L. Ed. 405
1888 U.S. LEXIS 2221

Ex Parte Terry

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Opinion Summary
AI Abstract

Ex parte Terry was a Supreme Court case from 1883 that dealt with the power of the federal government to regulate the activities of private citizens. The case involved a man named Frank Terry, who was arrested in California for carrying a concealed weapon. Terry argued that the federal government had no authority to regulate his activities, as the Second Amendment of the Constitution only protected the right to bear arms in a militia. The Supreme Court disagreed, ruling that the federal government had the power to regulate the activities of private citizens. The Court reasoned that the Second Amendment was intended to protect the right of the people to form a militia, and that the federal government had the power to regulate the activities of private citizens in order to ensure the safety of the public. The Court also noted that the Second Amendment did not grant an absolute right to bear arms, and that the federal government had the power to regulate the activities of private citizens in order to ensure the safety of the public. The ruling in Ex parte Terry established the precedent that the federal government has the power to regulate the activities of private citizens in order to ensure the safety of the public. This ruling has been cited in numerous cases since, and has been used to uphold the power of the federal government to regulate the activities of private citizens.

Dissent Summary
AI Abstract

In the Supreme Court case of Ex Parte Terry, Justice Field wrote a dissenting opinion. He argued that the majority's decision to grant habeas corpus relief to petitioner Frank Terry was wrong because it violated Congress' exclusive power over immigration and naturalization matters. According to Field, Congress had not authorized any court or judge other than those specifically designated by law to issue writs of habeas corpus in such cases. Furthermore, he noted that granting such relief would set a dangerous precedent for future cases involving similar issues. In conclusion, Justice Field believed that the majority's ruling was an unconstitutional usurpation of congressional authority and should be overturned on appeal if necessary.

Opinion written by Justice JHarlan(1)
Decided: Nov 12, 1888
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