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Lecture

American Constitutional and Legal History 2.docx

3 Pages
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Department
Law
Course Code
LAWS 2180
Professor
Alan Rogers

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Description
83 U.S. 36: Slaughter House (Police Power) Context: • Civil war just ended: reconstruction ends in 1876 officially. • 13 14 and 15 amendments are relatively new and are being watched • Bitterness from Civil War = Black Codes and Jim Crow Laws • The Southern Argument was led by a former justice who had quit to support the southern cause. Cambell • Governor is Republican because of reconstruction and 14 amendments. Whereas butchers are white Democrats Facts: • Nola was moving butchers out of the city to improve the health and beauty of the city • Health hazard: Legislature used police power (state legislature have the power to legislature for the health, welfare, and wellbeing of their people) to create a central butcher facility • Became argued over the scope of the 14 amendment. Cambell wants to undermine the th 14 amendment and shrink its power. • 14 Amendment refutes the Dred Scott decision thatAfricanAmericans could not be citizens of the united states. • Due Process: deals with the substantive due process: butchers have a property right in their job. Doesn’t say it outright but it is implied. Arguments: • Cambell: Due Process argument: the new legislature deprives the butchers of their th job and therefore their property. Therefore it violated the 14 amendment which says that no state will deprive a citizen of life liberty or property withou
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