Contemporary American History, 1877-1913 — John Shaqi
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
Three years after the decision in the Slaughter-House cases, the Supreme
Court again refused to interpret the Fourteenth Amendment so broadly as
to hold unconstitutional a state statute regulating business
undertakings. This case, Munn _v._ Illinois, decided in 1876, involved
the validity of a statute passed under the constitution of that state,
which declared all elevators where grain was stored to be public
warehouses and subjected them to strict regulation, including the
establishment of fixed maximum charges. It was contended by the
plaintiffs in error, Munn and Scott, that the statute violated the
Fourteenth Amendment in two respects: (1) that the business attempted to
be regulated was not a public calling and was, therefore, totally
outside of the regulatory or police power of the state; and (2) that
even if the business was conceded to be public in character, and
therefore by the rule of the common law was permitted to exact only
"reasonable" charges for its services, nevertheless the determination of
what was reasonable belonged to the judicial branch of the government
and could not be made by the legislature without violating the principle
of "due process."
Both of these contentions were rejected by the Court, and the
constitutionality of the Illinois statute was upheld. The opinion of the
Court was written by Chief Justice Waite, who undertook an elaborate
examination of the "due process" clause of the Fourteenth Amendment. The
principle of this Amendment, he said, though new in the Constitution of
the United States, is as old as civilized government itself; it is found
in Magna Carta in substance if not in form, in nearly all of the state
constitutions, and in the Fifth Amendment to the Federal Constitution.
In order to ascertain, therefore, what power legislatures enjoyed under
the new amendment, it was only necessary to inquire into the limitations
which had been historically imposed under the due process clause in
England and the United States; and after an examination of some cases in
point the Chief Justice came to the conclusion that "down to the time of
the adoption of the Fourteenth Amendment it was not supposed that
statutes regulating the use or even the price of the use of private
property necessarily deprived an owner of his property without due
process of law." When private property "is affected with public
interest" and is used in a manner to make it of public consequence, the
public is in fact granted an interest in that use, and the owner of the
property in question "must submit to be controlled by the public for the
common good, to the extent of the interest he has thus created."
Public-domain text, read in full here on John Shaqi.
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