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
Within this view, all the ordinary civil rights enjoyed by citizens were
still within the control of the organs of the state government and not
within Federal protection at all. If the privileges and immunities,
brought within the protection of the Federal Government by the
Fourteenth Amendment, were intended to embrace the whole domain of
personal and property rights, then, contended the justice, the Supreme
Court would be constituted "a perpetual censor upon all legislation of
the states, on the civil rights of their own citizens, with authority to
nullify such as it did not approve as consistent with those rights as
they existed at the time of the adoption of this Amendment.... We are
convinced that no such results were intended by the Congress which
proposed these amendments nor by the legislatures which ratified them."
In two short paragraphs, Justice Miller disposed of the contention of
the plaintiffs in error to the effect that the Louisiana statute
deprived the plaintiffs of their property without due process of law. He
remarked that inasmuch as the phraseology of this clause was also to be
found in the Fifth Amendment and in some form in the constitutions of
nearly all of the states, it had received satisfactory judicial
interpretation; "and it is sufficient to say," he concluded on this
point, "that under no construction of that provision that we have ever
seen or any that we deem admissible, can the restraint imposed by the
state of Louisiana upon the exercise of their trade by the butchers of
New Orleans be held to be a deprivation of private property within the
meaning of that provision."
Coming now to that clause requiring every state to give all persons
within its jurisdiction equal protection of the laws, Justice Miller
indulged in the false prophecy: "We doubt very much whether any action
of a state not directed by way of discrimination against the negroes as
a class or on account of their race will ever be held to come within the
purview of this provision." An emergency might arise, he admitted, but
he found no such a one in the case before him.
Concluding his opinion, he expressed the view that the American Federal
system had come out of the Civil War with its main features unchanged,
and that it was the duty of the Supreme Court then as always to hold
with a steady and an even hand the balance between state and Federal
power. "Under the pressure of all the excited feeling growing out of the
War," he remarked, "our statesmen have still believed that the existence
of the states with powers for domestic and local government, including
the regulation of civil rights--the rights of person and property--was
essential to the perfect working of our complex form of government,
though they have thought proper to impose additional limitations upon
the states and to confer additional power on that of the nation."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account