- 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"
Showing posts with label Constitutional Law. Show all posts
Showing posts with label Constitutional Law. Show all posts
Wednesday, February 23, 2011
Scope of 14th Amendment
Thursday, February 17, 2011
Prominent Americans on the Finality of Judicial Review
Thomas Jefferson: Letter to Spenser Roane, Sept 6, 1819
http://teachingamericanhistory.org/library/index.asp?document=2192
"My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal. I will explain myself by examples, which, having occurred while I was in office, are better known to me, and the principles which governed them."
Andrew Jackson: Veto of National Bank Bill
http://teachingamericanhistory.org/library/index.asp?document=64
"It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled.... The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others."
Abraham Lincoln: First Inaugural Address
http://www.bartleby.com/124/pres31.html
"I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.... [T]he candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."
http://teachingamericanhistory.org/library/index.asp?document=2192
"My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal. I will explain myself by examples, which, having occurred while I was in office, are better known to me, and the principles which governed them."
Andrew Jackson: Veto of National Bank Bill
http://teachingamericanhistory.org/library/index.asp?document=64
"It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled.... The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others."
Abraham Lincoln: First Inaugural Address
http://www.bartleby.com/124/pres31.html
"I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.... [T]he candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."
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