POLI 4020 Lecture Notes - Lecture 10: Rufus Wheeler Peckham, Commerce Clause, Textualism

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24 Mar 2017
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Slaughter house case substantive due process: the slaughter house cases provided a very narrow interpretation of the 14th amendment. The 14th amendment is the basis of court principles and doctrines in multiple ways. The court said it does not grant rights that are not listed in the constitution. The decision in the slaughter house cases held that generally state governments did not have to protect individuals from violations of their civil liberties in the bill of rights, it only protected individuals from their national government. This gave a lot of power to state governments and restricted individual rights. In the slaughter house case, justice field wrote a powerful decent arguing that the 14th amendment provides and protects economic liberty the freedom to operate in a free market, to make contracts. It is this argument for substantive due process that are not specified in the constitution that are considered fundamental are protected.

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