Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
In spite of important testimony to the effect that those who drafted the
Fourteenth Amendment really intended "to nationalize liberty," that is
_laissez faire_, against state legislatures, the Supreme Court at first
refused to accept this broad interpretation, and it was not until after
several of the judges of the old states' rights school had been replaced
by judges of the new school that the claims of Mr. Conkling's group as
to the Fourteenth Amendment were embodied in copious judicial decisions.
_The Slaughter-House Cases_
The first judicial interpretation of the significant phrases of the
Fourteenth Amendment which were afterward to be the basis of judicial
control over state economic legislation of every kind was made by the
Supreme Court in the Slaughter-House cases in 1873--five years after
that Amendment had been formally ratified. These particular cases, it is
interesting to note, like practically all other important cases arising
under the Fourteenth Amendment, had no relation whatever to the newly
emancipated slaves; but, on the contrary, dealt with the regulation of
business enterprises.
In 1869, the legislature of Louisiana passed an act designed to protect
the health of the people of New Orleans and certain other parishes. This
act created a corporation for the purpose of slaughtering animals within
that city, forbade the establishment of any other slaughterhouses or
abattoirs within the municipality, and conferred the sole and exclusive
privilege of conducting the live-stock landing and slaughterhouse
business, under the limitations of the act, upon the company thus
created. The company, however, was required by the law to permit any
persons who wished to do so to slaughter in its houses and to make full
provision for all such slaughtering at a reasonable compensation. This
drastic measure, the report of the case states, was denounced "not only
as creating a monopoly and conferring odious and exclusive privileges
upon a small number of persons at the expense of the great body of the
community of New Orleans, but ... it deprives a large and meritorious
class of citizens--the whole of the butchers of the city--of the right
to exercise their trade, the business to which they have been trained
and on which they depend for the support of themselves and their
families."
Public-domain text, read in full here on John Shaqi.
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