Wednesday, February 23, 2011

Scope of 14th Amendment

  • Federal Rights Only
    • Slaughterhouse Cases
      • Miller, S. Ct. 1873
      • Facts: To fight cholera outbreaks, New Orleans passed a law giving monopoly on slaughterhouse activities to the company Crescent City. Slaughterhouses sued for their 14 amendment "privileges and immunities."
      • Holding: The "privileges and immunities" clause only covers Federally-guaranteed rights, not state-guaranteed rights.
  • Only State Actors
    • Civil Rights Cases (1883) (only state actors)
  • All state actors (incorporation)
    • Incorporated provisions
    • Unincorporated provisions
      • 3rd Amendment (quartering)
      • 5th Amend. Grand jury clause
      • 7th Amendment (jury trial)
      • 8th Amendment, all except "cruel and unusual"

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