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Slaughter House Cases, 83 U.S. 36 (1873) p.421

SUBJECT

Privileges and immunities of the 14th Amendment

FACTS

Louisiana law of 1869 chartered a corporation and granted to it a 25 year monopoly to maintain slaughterhouses. All competing facilities were required to close.

PROCEDURE

The highest state court sustained the law. The USSC affirmed.

ISSUE

Butchers not included in the monotpoly claimed that the law deprived them of thier right to exercise their trade and challened it under the 13th and 14th Amendments.

HOLDING

The Louisiana case is upheld.

RATIONAL

Privileges and immunities extend the reach of article IV by applying it to state actions which abridges the privileges or immunities of citizens of the USA. The plaintiffs were arguing for a broader reading of privileges and immunities. The court said, NO, there should be a more narrow reading of the 14th Amendment. This case is famous for a very narrow readin of the privileges and immunities.

NOTES

PLAINTIFF arguments: Lousianna law is unconstitutional because the effected butchers are citizens of the USA and their right to pursue a calling (vocation) has been effected by the law.

The privileges and immunities of the 14th Amendment are now read very narrowly and don't have much effect anymore.

Created on: Wednesday, October 20, 1999 at 15:58:17 (PDT)


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