The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
In the _Slaughter-House Cases_, the court dealt with an act of
Louisiana creating a single company to have exclusive responsibility
for meat-processing in New Orleans. The law was intended to promote
health and sanitation (or so the State insisted), but local butchers
attacked it as an invasion of their rights under the Fourteenth
Amendment. The Supreme Court would not agree. No right to be a
butcher in Louisiana inured to a “citizen of the United States” prior
to adoption of the Amendment, and the amendment gave him none. Such
rights, privileges, and immunities remained within the jurisdiction
of the States after 1868, as surely as they had rested with the
States before 1868. In terms of the basic structure of the Union,
the War of 1861-65 had changed nothing. The Fourteenth Amendment,
though it laid certain prohibitions upon the States and vested in
the Congress power to enforce those prohibitions by appropriate
legislation, never had been intended “to bring within the power of
Congress the entire domain of civil rights heretofore belonging
exclusively to the States.” Any such interpretation would radically
change “the whole theory of the relations of the State and Federal
governments to each other, and of both these governments to the
people.” No such results, said the court, “_were intended by the
Congress which proposed these amendments, nor by the legislatures
which ratified them._” The Fourteenth Amendment had then been in
effect only five years. Every member of the court was familiar with
the circumstances surrounding its submission and ratification.
Public-domain text, read in full here on John Shaqi.
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