PSC 2302 Lecture Notes - Lecture 17: Slaughter-House Cases, National Grange Of The Order Of Patrons Of Husbandry, Equal Protection Clause
3 Dec 2020
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1st cases known that interpreted the 14th amendment. Ever since the ruling on these cases, the privileges and immunities clause has basically been ignored: clause is usually only mentioned as side comments rather than a central reasoning for a case. When the issue of undefined rights is brought to the court, the due process clause is typically applied. Court disagrees and rules that munn does not have a substantive right, as the grain elevators are not strictly private property: raises the question of what defines something as private property. Judicial activism is when a justice is more inclined to strike down a law as constitutional rather than deferring to state legislature. Includes not only private ownership of businesses, but also the ability of individuals and employees to contract with each other. A right that emerged from the 14th amendment and came to be protected by substantive due process.
