Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
The suppression of the Great Rebellion brought an enormous increase in
the national power and in the popular will to national power. State
rights did not loom large in the popular or the legislative mind in
reconstruction days. Taney was dead. The Supreme Court had been
practically reconstituted by appointments made by President Lincoln and
his immediate successors and it seems to have been anticipated that the
new Court would take the view of national powers prevailing in Congress
and the country at large. In this the popular expectation was doomed to
disappointment. The Court displayed an unexpected solicitude for the
rights of the states and firmness against federal encroachment. Chief
Justice Salmon P. Chase, who had been President Lincoln's war Secretary
of the Treasury, went so far as to pronounce unconstitutional some of
his own official acts performed under the stress of war.
In the great case of _State of Texas v. White_[1] the rights of Texas as
a sovereign state were asserted, though Texas had joined in the
Rebellion and was not represented in the national legislature.
[Footnote 1: 7 Wall., 700 (1869).]
In _The Collector v. Day_[1] it was held that Congress had no power to
tax the salary of a state official.
[Footnote 1: 11 Wall., 113 (1871).]
In the Slaughter House cases[1] an act of the Legislature of Louisiana,
granting to a corporation created by it exclusive rights to maintain
slaughter houses for the City of New Orleans and other territory, was
upheld, as a valid exercise of state police power, against claims that
the legislation violated rights secured under the newly adopted
amendments to the Federal Constitution (Amendments XIII, XIV, XV). The
opinion of the Court delivered by a Northern judge (Miller of Iowa)
stands as one of the bulwarks of state authority.
[Footnote 1: 16 Wall., 36 (1873).]
In a series of later cases various reconstruction acts of Congress
involving encroachments upon state rights were either held
unconstitutional or radically limited in their effect. For example, the
decision in _United States v. Cruikshank_[1] greatly limited the effect
of the so-called Federal Enforcement Act. The decision in _United States
v. Harris_[2] declared unconstitutional portions of an act of Congress
designed for the suppression of activities of the Ku-Klux variety. In
the so-called Civil Rights cases[3] certain provisions of the federal
Civil Rights Act, passed in furtherance of the purposes of the new
constitutional amendments and designed to secure to persons of color
equal enjoyment of the privileges of inns, public conveyances, theatres,
etc., were held unconstitutional as an encroachment on the rights of the
states.
[Footnote 1: 92 U.S., 542 (1875).]
[Footnote 2: 106 U.S., 629.]
[Footnote 3: 109 U.S., 3.]
Public-domain text, read in full here on John Shaqi.
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