Slaughterhouse Cases

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Slaughterhouse Cases (1872)

Case Name: Butcher’s Benevolent Association of New Orleans v.


Crescent City Livestock Landing and Slaughterhouse Co.
Majority opinion by: Justice Miller
Facts of the case:
The Butcher’s Benevolent Association was displaced by legislation
passed in New Orleans in 1869. The Butcher’s Benevolent Association
claims that this was done in violation of their 13th and 14th amendment
rights (due process, privileges & immunities, and equal protection).
The Louisiana Supreme Court ruled in favor of the Slaughterhouse Co.
The case was then brought to the Supreme Court on a writ of error.
Questions Presented:
1. Does the statute violate the 14th amendment?
2. Does the state create involuntary servitude in violation of the 13th
amendment?
3. Was the Butcher’s Benevolent Association’s property denied without
due process?
Disposition:
The U. S. Supreme Court affirms the judgment of the Louisiana
Supreme Court.
Majority Reasoning:
The Supreme Court defined two different types of citizenship and held
that the 14th amendment affected only the rights of U. S. citizenship
and not state citizenship. Marshall also states that the privileges and
immunities clause doesn’t protect individuals from the state, because
this amendment doesn’t apply to your rights as a citizen of the state.

Thomas’ Concurrence in McDonald v. Chicago


Concurrence by: Justice Thomas
Reasoning:
– Thomas believes that the other’s view of the equal protection
clause is expanded. He instead uses the privileges and
immunities class of the 14th amendment to reach the same
decision.
– He says that in the 14th amendment the words “privileges” and
“immunities” had an established meaning as synonyms for
“rights” during the times in which the constititution was
constructed.
– He believes some rights are fundamental and are to be applied
to the State. He also thought that the privileges and immunities
clause made the Bill of Rights applicable to the States.

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