'This Friday marks the 150th anniversary of the Supreme Court’s first 14th Amendment decision — the Slaughterhouse Cases, handed down in 1873. We’ve been reading the amendment wrongly ever since.' -Adam Carrington
in the New Orleans area. This legal monopoly required all butchers in the area to use that slaughterhouse and to construct no others. The Supreme Court, though, didn’t focus on the due process and equal protection clauses that have since come to dominate our 14th Amendment judicial discourse. Instead, the justices focused on the privileges or immunities clause, which reads: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
By the end of the Civil War, the capacity of states to oppress persons under their jurisdiction, especially the newly freed slaves, was glaringly in view. The 14th Amendment was passed to create new restrictions on the states in service of individual rights.
Taken together, the amendment provided a complete shield of protection against state oppression not previously known in the Constitution. “That amendment,” thedissent eloquently argued, “was intended to give practical effect to the declaration of 1776 of inalienable rights, rights which are the gift of the Creator, which the law does not confer, but only recognizes.”wrongly interpreted the privileges or immunities clause.
The privileges or immunities clause has never been revived to its original, prominent, and crucial place within the 14th Amendment. Instead, we have stretched to deformity the due process clause, giving it a “substantive” meaning as well as its original procedural meaning so that it can carry the weight its neglected brother was denied.for what it was: an egregious mistake in which the court set a crucial part of the Constitution on the wrong path — a path we remain on to this day.
Deutschland Neuesten Nachrichten, Deutschland Schlagzeilen
Similar News:Sie können auch ähnliche Nachrichten wie diese lesen, die wir aus anderen Nachrichtenquellen gesammelt haben.
Vice President Harris to announce overhaul of D.C.’s 14th Street BridgeThe project is part of nearly $300 million in new federal bridge investments directed to urban and rural communities nationwide.
Weiterlesen »
DC's 14th Street Bridge To Get Overhaul Thanks To Federal GrantThe 14th Street Bridge is getting some upgrades to improve safety; the decades-old bridge currently needs near constant maintenance.
Weiterlesen »
Hell’s Paradise English Dub Debuts Saturday April 14th on CrunchyrollThe English dub of the eagerly-awaited HellsParadise anime series premieres on Crunchyroll on Saturday, April 15th - with episodes dropping weekly. / YujiKaku crunchyroll
Weiterlesen »
New York City Declares April 14th as 'The Marvelous Mrs. Maisel' DayThe announcement arrives right as the Prime Video series premieres its final season.
Weiterlesen »