Ii privileges or immunities clause no state shall

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ii. Privileges OR Immunities Clause – No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… iii. Due Process Clause – nor shall any State deprive any person of life, liberty, or property, without due process of law… 1. Procedural 2. Substantive a. Selective Incorporation – piecemeal incorporation of parts of the Bill of Rights b. Economic Due Process – unenumerated rights (rights that are read into the Constitution, like the right to privacy) c. Non-economic Due Process – unenumerated rights iv. Equal Protection Clause – nor deny to any person within its jurisdiction the equal protection of the laws. b. The Slaughterhouse Cases , 1873 i. Facts : Louisiana statute that the slaughtering of animals must be contained to the slaughterhouse. This fucked over local butchers (who used to slaughter animals in shop) big time by effecting their profit and creating a monopoly for the slaughterhouses. Butchers argue: the 2
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restriction created involuntary servitude, deprived them of their property without due process of law, denied them equal protection, and abridged their privileges or immunities as equal citizens. ii. *First time the Court has had to apply the 14th Am since it was passed iii. Issue : Did the statute deny to Plaintiffs the equal protection of the laws, or deprive Plaintiffs of property without due process of the law? Did the statute abridge the Privileges and Immunities of citizens of the United States in violation of the Fourteenth Amendment? i. Holding : No. 1. The amendments these claims involved, the thirteenth and fourteenth, were established for the purpose of invalidating laws that discriminated against blacks. The Supreme Court conceded that these amendments could possibly extend to persons other than blacks, but said that under any fair construction of these amendments one had to first look to the purpose of their enactment. 2. The Fourteenth Amendment textually distinguishes between citizens of the United States and citizens of the States 3. Plaintiffs seek relief as a citizen of a State against the actions of a State. But, the section of the Fourteenth Amendment Plaintiffs relied upon safeguards only rights (i.e., Privileges and Immunities) of citizens of the United States against the actions of the States. ii. Salamanca Notes : 1. Scholars say there are 3 ways to interpret this language: a. Equal Protection Only – the purpose of this language was to require states to treat people the same b. Fundamental Rights – Privileges OR Immunities clause includes the Bill of Rights and explicit plus unwritten rights (broader than 3rd approach) c. Enumerated Rights – basically rejects Barron v. Baltimore . Believes the Bill of Rights should be extended to the states.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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