Courts -- United States; Revolutions; United States -- Politics and government
the same reasons. The only difference has been that the pressure which
has operated most directly upon courts has not always been the pressure
which has swayed legislatures, though sometimes both influences have
combined. For example, during the Civil War, the courts sanctioned
everything the popular majority demanded under the pretext of the War
Power, as in peace they have sanctioned confiscations for certain
popular purposes, under the name of the Police Power. But then, courts
have always been sensitive to financial influences, and if they have
been flexible in permitting popular confiscation when the path of least
resistance has lain that way, they have gone quite as far in the
reverse direction when the amount of capital threatened has been large
enough to be with them a countervailing force.
As the federal Constitution originally contained no restriction upon the
states touching the confiscation of the property of their own citizens,
provided contracts were not impaired, it was only in 1868, by the
passage of the Fourteenth Amendment, that the Supreme Court of the
United States acquired the possibility of becoming the censor of state
legislation in such matters. Nor did the Supreme Court accept this
burden very willingly or in haste. For a number of years it labored to
confine its function to defining the limits of the Police Power,
guarding itself from the responsibility of passing upon the
"reasonableness" with which that power was used. It was only by somewhat
slow degrees, as the value of the threatened property grew to be vast,
that the Court was deflected from this conservative course into
effective legislation. The first prayers for relief came from the
Southern states, who were still groaning under reconstruction
governments; but as the Southern whites were then rather poor, their
complaints were neglected. The first very famous cause of this category
is known as the Slaughter House Cases. In 1869 the Carpet Bag government
of Louisiana conceived the plan of confiscating most of the property of
the butchers who slaughtered for New Orleans, within a district about as
large as the State of Rhode Island. The Fourteenth Amendment forbade
states to deprive any person of life, liberty, or property, without due
process of law, and the butchers of New Orleans prayed for protection,
alleging that the manner in which their property had been taken was
utterly lawless. But the Supreme Court declined to interfere, explaining
that the Fourteenth Amendment had been contrived to protect the
emancipated slaves, and not to make the federal judiciary "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."[26]
Public-domain text, read in full here on John Shaqi.
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