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Slaughterhouse Cases |
Also found in: Legal, Wikipedia, Hutchinson | 0.02 sec. |
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Slaughterhouse Cases, cases decided by the U.S. Supreme Court in 1873. In 1869 the Louisiana legislature granted a 25-year monopoly to a slaughterhouse concern in New Orleans for the stated purpose of protecting the people's health. Other slaughterhouse operators barred from their trade brought suit, principally on the ground that they had been deprived of their property without due process of law in violation of the Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections.
Section 1Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens ..... Click the link for more information. . The U.S. Supreme Court, with Justice Samuel F. Miller rendering the majority decision, decided against the slaughterhouse operators, holding that the Fourteenth Amendment had to be considered in light of the original purpose of its framers, i.e., to guarantee the freedom of former black slaves. Although the amendment could not be construed to refer only to black slavery, its scope as originally planned did not include rights such as those in question. A distinction was drawn between United States and state citizenship, and it was held that the amendment did not intend to deprive the state of legal jurisdiction over the civil rights of its citizens. The restraint placed by the Louisiana legislators on the slaughterhouse operators was declared not to deprive them of their property without due process. |
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Ross's dissertation on which this book is based while my co-author and I were preparing our history of the Slaughter-House Cases (1873), also published in 2003. He charged that an earlier Court had "all but read the Privileges and Immunities Clause out of the Constitution" in the Slaughter-House Cases of 1873. It was only following the Civil War with the Slaughter-House Cases,(6) that the Court attempted to discern the meaning behind those broad phrases of the Fourteenth Amendment--"privileges and immunities," "equal protection," and "due process"--and limits began to emerge. |
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