The United States Since the Civil WarLingley, Charles Ramsdell
History
The United States Since the Civil War
Lingley, Charles Ramsdell
United States -- History -- 1865-1921
Previous to 1868, when the Amendment became part of the Constitution,
comparatively little state legislation relating to private property had
been reviewed by the Court. Ever since the establishment of the federal
government, cases involving the constitutionality of state legislation
had been appealed to United States Courts when they had been objected
to as running counter to the clauses of the Constitution forbidding
states to enact bills of attainder, _ex post facto_ laws, or laws
impairing the obligation of contracts. Their number, however, had been
relatively small, and normally the acts of state legislatures had not
been reviewed by federal courts; or in other words the tendency had
been to preserve the individuality and strength of the several states.
After the war, the Fourteenth and Fifteenth Amendments placed
additional prohibitions on the states, and the decisions of the Supreme
Court determined the meaning and extent of the added provisions. The
interpretation of the Fourteenth Amendment was especially important.
Most significant was the interpretation of Section 1, which reads as
follows:
All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges and immunities
of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection
of the laws.
So vague and inclusive were these phrases that many important questions
immediately sprang from them. What were the privileges and immunities
of the citizen? Did those of the citizen of the United States differ
from those of the citizen of a state? Was a corporation a person? What
was liberty? What was due process of law? Hitherto the protection of
life, liberty and property had rested, in the main, upon the individual
states, and cases involving these subjects had been decided by state
courts. Were the state courts to be superseded, in relation to these
vital subjects, by the United States Supreme Court?
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