For Your Data The Slaughter-House Cases Illustration Brief Summary
February 25, 2019
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The Slaughterhouse Cases illustration brief summary
83 U.S. 36 (1873)
Overview
A dispute arose every bit to the constitutionality of a state-controlled monopoly on slaughterhouses.
Facts
Louisiana had passed a statute requiring all butchers inside the metropolis of New Orleans to perform their slaughtering at a designated slaughterhouse. The statute effectively established a acre monopoly on the functioning of slaughterhouses. The statute was challenged on the theory that it amounted to an infringement of the privileges as well as immunities guaranteed yesteryear the Fourteenth Amendment.
Overview
A dispute arose every bit to the constitutionality of a state-controlled monopoly on slaughterhouses.
Facts
Louisiana had passed a statute requiring all butchers inside the metropolis of New Orleans to perform their slaughtering at a designated slaughterhouse. The statute effectively established a acre monopoly on the functioning of slaughterhouses. The statute was challenged on the theory that it amounted to an infringement of the privileges as well as immunities guaranteed yesteryear the Fourteenth Amendment.
Issue
Does the institution of a acre monopoly on slaughterhouses infringe the privileges as well as immunities guaranteed yesteryear the Fourteenth Amendment?
Holding
The acre monopoly does non as well as therefore violate the Fourteenth Amendment.
Reasoning
Miller, J. A acre undoubtedly may do its constabulary mightiness to regulate noxious trades such every bit the functioning of slaughterhouses. Such regulations cannot last said to conflict amongst the Fourteenth Amendment. In particular, the Amendment draws a distinction betwixt the privileges as well as immunities arising from citizenship inwards a item acre as well as those that arise from citizenship inwards the United States. The Amendment protects exclusively the latter. It cannot last idea that the Amendment was intended to take away all rule of privileges as well as immunities to the federal domain. Rather, the federal privileges as well as immunities include exclusively the correct to peaceably get together as well as petition for redress, to work navigable waterways, as well as and therefore forth. All other rights are properly dependent plain to rule yesteryear the states. Any other belongings would drastically alteration the residual betwixt acre as well as federal power.
Does the institution of a acre monopoly on slaughterhouses infringe the privileges as well as immunities guaranteed yesteryear the Fourteenth Amendment?
Holding
The acre monopoly does non as well as therefore violate the Fourteenth Amendment.
Reasoning
Miller, J. A acre undoubtedly may do its constabulary mightiness to regulate noxious trades such every bit the functioning of slaughterhouses. Such regulations cannot last said to conflict amongst the Fourteenth Amendment. In particular, the Amendment draws a distinction betwixt the privileges as well as immunities arising from citizenship inwards a item acre as well as those that arise from citizenship inwards the United States. The Amendment protects exclusively the latter. It cannot last idea that the Amendment was intended to take away all rule of privileges as well as immunities to the federal domain. Rather, the federal privileges as well as immunities include exclusively the correct to peaceably get together as well as petition for redress, to work navigable waterways, as well as and therefore forth. All other rights are properly dependent plain to rule yesteryear the states. Any other belongings would drastically alteration the residual betwixt acre as well as federal power.
Field, J., dissenting. Although Louisiana may do its constabulary powers, the institution of the monopoly goes beyond whatever legitimate work to promote world wellness or morals. The acre was inside its mightiness to command that slaughtering should stimulate got house downstream from New Orleans as well as that animals should last inspected prior to slaughter. These ends, however, do non take the formation of a monopoly held yesteryear a someone corporation. Nothing suggests that the wellness regulations would last ameliorate served yesteryear a monopoly than yesteryear multiple independent actors.
Bradley, J., dissenting. The Fourteenth Amendment, similar the Magna Carta, is intended to protect certainly essential rights. These rights include the correct to pursue one’s calling or profession. In restricting the mightiness of butchers to engage inwards their merchandise exterior the price of the state-granted monopoly, Louisiana has infringed the key rights of its citizens.
Swayne, J., dissenting. Prior to the Civil War, amendments to the Constitution were intended mainly to protect rights from infringement yesteryear the federal government. The Fourteenth Amendment makes it clear that such rights are to last protected from infringement yesteryear the states every bit well. The Court has taken an overly narrow sentiment of the Amendment.
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Bradley, J., dissenting. The Fourteenth Amendment, similar the Magna Carta, is intended to protect certainly essential rights. These rights include the correct to pursue one’s calling or profession. In restricting the mightiness of butchers to engage inwards their merchandise exterior the price of the state-granted monopoly, Louisiana has infringed the key rights of its citizens.
Swayne, J., dissenting. Prior to the Civil War, amendments to the Constitution were intended mainly to protect rights from infringement yesteryear the federal government. The Fourteenth Amendment makes it clear that such rights are to last protected from infringement yesteryear the states every bit well. The Court has taken an overly narrow sentiment of the Amendment.
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