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Topic: Slaughterhouse Cases


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In the News (Mon 8 Sep 08)

  
  Slaughterhouse Cases
While the thirteenth article of amendment was intended primarily to abolish African slavery, it equally forbids Mexican peonage or the Chinese coolie trade when they amount to slavery or involuntary servitude, and the use of the word "servitude" is intended to prohibit all forms of involuntary slavery of whatever class or name.
The second section of the act created one Sauger and sixteen other person named, a corporation, with the usual privileges of a corporation, and including power to appoint officers and fix their compensation and term of office, to fix the amount of the capital stock of the corporation and the number of shares thereof.
The Supreme Court of Louisiana decided in favor of the company, and five of the cases came into this court under the 25th section of the Judiciary Act in December, 1870, where they were the subject of a preliminary motion by the plaintiffs in error for an order in the nature of a supersedeas.
supct.law.cornell.edu /supct/html/historics/USSC_CR_0083_0036_ZS.html   (894 words)

  
  Slaughterhouse - Wikipedia, the free encyclopedia
Grandin is also well known for being autistic and it was a fascination with patterns and flow that first led her to redesign the layout of cattle holding pens.
The largest slaughterhouse in the world is operated by the Smithfield Packing Company located near Smithfield, Virginia; it is capable of butchering over 30,000 pigs a day.
Slaughterhouses are needed primarily to serve the large-scale demand for meat in urban areas where there is no livestock.
en.wikipedia.org /wiki/Slaughterhouse   (1195 words)

  
 Slaughterhouse Cases - Wikipedia, the free encyclopedia
It is viewed as a pivotal case in early civil rights law, as it narrowly read the Fourteenth Amendment to protect only "privileges or immunities" conferred by virtue of national but not state citizenship, a distinction which persists to this day.
The stated purpose of the new arrangement was to restrict the dumping of remains and waste in waterways and provide a single place for animals to be kept and slaughtered; critics called it a legal monopoly based on political patronage designed to shut down independent butchers.
This case has and continues to be referred to in some conspiracy theories involving the extension of government powers.
en.wikipedia.org /wiki/Slaughterhouse_Cases   (772 words)

  
 Slaughterhouse Cases, Supreme Court opinion
This case comes here with a certificate by the judges of the Circuit Court for the District of Louisiana that they were divided in opinion upon a question which occurred at the hearing.
To bring this case under the operation of the statute, therefore, it must appear that the right, the enjoyment of which the conspirators intended to hinder or prevent, was one granted or secured by the constitution or laws of the United States.
When stripped of its verbiage, the case as presented amounts to nothing more than that the defendants conspired to prevent certain citizens of the United States, being within the State of Louisiana, from enjoying the equal protection of the laws of the State and of the United States.
www.civil-liberties.com /cases/slauterhouse.html   (3017 words)

  
 Slaughterhouse Cases. The Columbia Encyclopedia, Sixth Edition. 2001-05
Other slaughterhouse operators barred from their trade brought suit, principally on the ground that they had been deprived of their property without due process of law in violation of the Fourteenth Amendment.
The U.S. Supreme Court, with Justice Samuel F. Miller rendering the majority decision, decided against the slaughterhouse operators, holding that the Fourteenth Amendment had to be considered in light of the original purpose of its framers, i.e., to guarantee the freedom of former fl slaves.
The restraint placed by the Louisiana legislators on the slaughterhouse operators was declared not to deprive them of their property without due process.
www.bartleby.com /65/sl/Slaughte.html   (249 words)

  
 Slaughterhouse Cases - 1872   (Site not responding. Last check: )
The cases named on a preceding page,11 with others which have been brought here and dismissed by agreement, were all decided by the Supreme Court of Louisiana in favor of the Slaughter-House Company, as we shall hereafter call it for the sake of brevity, and these writs are brought to reverse those decisions.
In all these cases there is a recognition of the equality of right among citizens in the pursuit of the ordinary avocations of life, and a declaration that all grants of exclusive privileges, in contravention of this equality, are against common right, and void.
I am not aware that any case has arisen in which it became necessary to vindicate any other fundamental privilege of citizenship; although rights have been claimed which were not deemed fundamental, and have been rejected as not within the protection of this clause.
www.agh-attorneys.com /4_slaughterhouse_cases__1872.htm   (13348 words)

  
 Slaughterhouse Cases
Preliminary to the consideration of those questions is a motion by the defendant to dismiss the cases on the ground that the contest between the parties has been adjusted by an agreement made since the records came into this court, and that part of that agreement is that these writs should be dismissed.
In that case the effect on the butchers in pursuit of their occupation and on the public would have been the same as it is now.
The case of the apprentice slave, held under a law of Maryland, liberated by Chief Justice Chase on a writ of habeas corpus under this article, illustrates this course of observation.
supct.law.cornell.edu /supct/html/historics/USSC_CR_0083_0036_ZO.html   (6066 words)

  
 Slaughterhouse
As stated by the Supreme Court of Connecticut in [p*111] the case cited, grants of exclusive privileges, such as is made by the act in question, are opposed to the whole theory of free government, and it requires no aid from any bill of rights to render them void.
The keeping of a slaughterhouse is part of, and incidental to, the trade of a butcher -- one of the ordinary occupations of human life.
The constitutional question is distinctly raised in these cases; the constitutional right is expressly claimed; it was violated by State law, which was sustained by the State court, and we are called upon in a legitimate and proper way to afford redress.
www.columbia.edu /~rr91/4546/Slaughterhouse.htm   (15201 words)

  
 Slaughterhouse Cases
The first case before us was brought by an association of butchers in the three parishes against the corporation to prevent the assertion and enforcement of these privileges.
The third case was commenced by the corporation itself to restrain the defendants from carrying on a business similar to its own in violation of its alleged exclusive privileges.
In all these cases, there is a recognition of the equality of right among citizens in the pursuit of the ordinary avocations of life, and a declaration that all grants of exclusive privileges, in contravention of this equality, are against common right, and void.
www.tourolaw.edu /patch/Slaughterhouse/Field.asp   (6241 words)

  
 The Slaughterhouse Cases   (Site not responding. Last check: )
Campbell had graduated from the University of Georgia at the age of eleven and had been appointed to the U.S. Supreme Court at the age of 42 (he resigned in allegiance to the Confederacy at the outset of the Civil War).
Representing the slaughterhouse was Matthew Hale Carpenter, the leading attorney in the Midwest.
And the five justices held that the right to operate, slaughterhouse was not a "privilege and immunity" of citizenship and, moreover, was not protected by the due process and equal Protection clauses of the 14th Amendment.
www.fff.org /freedom/0293d.asp   (816 words)

  
 Slaughter-House Cases, 1873
The arguments in that case appeal to the various titles in which the freedom of State action had been supposed to be unlimited.
The cases named on a preceding page,FN11 with others which have been brought here and dismissed by agreement, were all decided by the Supreme Court of Louisiana in favor of the Slaughter-House Company, as we shall hereafter call it for the sake of brevity, and these writs are brought to reverse those decisions.
The case of the apprentice slave, held under a law of Maryland, liberated by Chief Justice Chase, on a writ of habeas corpus under this article, illustrates this course of observation.FN21 And it is all that we deem necessary to say on the application of that article to the statute of Louisiana, now under consideration.
www.lectlaw.com /files/case30.htm   (13415 words)

  
 THE SLAUGHTERHOUSE CASES: REGULATION, RECONSTRUCTION, AND THE FOURTEENTH AMENDMENT   (Site not responding. Last check: )
One cause of the periodic epidemics of deadly disease in the Crescent City was the dispersion of slaughterhouses throughout the metropolitan area.
Chapter 3's subject is "Regulation Prior to Slaughterhouse." In short, regulation was sparse, and supply followed demand, literally: as population moved upriver, so did the operations of the stock providers.
By 1868, a local newspaper calculated that there were 150 slaughterhouses in and around the Crescent City, and the dispersion of the butchers gave them significant power in city government, both in New Orleans and in nearby Jefferson City.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/Labbe-Lurie104.htm   (1337 words)

  
 From Revolution to Reconstruction: Documents: Slaughter-House-cases
The second section of the act created one Sanger and sixteen other persons named, a corporation, with the usual privileges of a corporation, and including power to appoint officers, and fix their compensation and term of office, and to fix the amount of the capital stock of the corporation and the number of shares thereof.
That case involved the validity of a statute of Maryland which imposed a tax in the form of a license to sell the agricultural and manufactured articles of other States than Maryland by card, sample, or printed lists, or catalogue.
The arguments in that case appeal to the various titles in which the freedom of State action has been supposed to be unlimited.
odur.let.rug.nl /~usa/D/1851-1875/slaughter/sc_case.htm   (4133 words)

  
 Enterprise
Slaughterhouse Cases -- One way of illustrating this shift from civil rights to economic gain is to look at a series of cases coming out of New Orleans, Louisiana, which were decided by the Supreme Court in 1873.
The immediate consequence of this case was to give a lot of poor fl butchers a chance to support themselves and to improve the public health of New Orleans.
In the case of the Union Pacific the risks were deemed to be so great that the federal government guaranteed a portion of the bonds and gave the company the right to issue additional, unsecured bonds for every 20 miles of track it laid.
www.columbia.edu /~rr91/1052_2002/lectures_2002/enterprise.htm   (4020 words)

  
 IJ Publications: Slaughter-House Cases:The Tragic Legacy of the Slaughterhouse Cases
That these hard working men and women should be treated as pariahs under the laws of this land is the legacy of The Slaughterhouse Cases and its total evisceration of constitutional protection for economic liberty.
The problem is that, in the aftermath of The Slaughterhouse Cases, courts routinely defer to all such monopolies and licensing regimes.
The Slaughterhouse Cases stand as a grim testament to the real world consequences of such irresponsible judicial activism.
www.ij.org /publications/other/slaughterhouse/legacy.html   (1760 words)

  
 Politics 115a Class Assignments Constitutional Law Brandeis University Professor Woll
The Marbury case was one of the first to represent politics by other means as the Federalist plaintiff sought a writ of mandamus to compel Jefferson's Secretary of State to deliver his justiceship of the peace commission that had been signed and sealed by John Marshall when he was Secretary of State.
In such cases, their acts are his acts' and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion.
This case arose from a challenge to a Louisiana statute of 1869 that granted a monopoly to a government regulated slaughterhouse in New Orleans.
people.brandeis.edu /~woll/pol115ca.htm   (3842 words)

  
 The Slaughterhouse Cases (1872)   (Site not responding. Last check: )
The cases named on a preceding page, [*] with others which have been brought here and dismissed by agreement, were all decided by the Supreme Court of Louisiana in favor of the Slaughter-House Company, as we shall hereafter call it for the sake of brevity, and these writs are brought to reverse those decisions.
No such deposit was required of insurance companies incorporated by the State, for carrying on [p*99] their business within the State; and in the case cited, the validity of the discriminating provisions of the statute of Virginia between her own corporations and the corporations of other States was assailed.
In that case, a patent had been granted to the plaintiff giving him the sole [p*103] right to import playing cards, and the entire traffic in them, and the sole right to make such cards within the realm.
cwx.prenhall.com /bookbind/pubbooks/burns8/medialib/docs/slaughter.htm   (14433 words)

  
 Progressive reform
The case was brought by Augusta, Georgia fls to challenge the school board's decision to close the county's only fl high school.
In dissent Justice Holmes stated: “the criterion of constitutionality is not whether we believe the law to be for the public good.” In 1918 the U.S. Congress had authorized the Wage Board to ascertain and fix adequate wages for women employees in the nation's capital.
In their ruling on this case, the Supreme Court cast a 5-3 vote that the law authorizing the Wage Board infringed upon Fifth Amendment guarantees of life, liberty, and property.
faculty.weber.edu /kmackay/progressive_reform.htm   (2498 words)

  
 Slaughterhouse Cases
These cases are collectively known as the Slaughterhouse Cases and, in fact, that is the official name for this litigation.
The case pitted a former Confederate against a Supreme Court appointed by Lincoln, with the Confederate arguing for the most expansive reading of the new amendment.
The Slaughterhouse Cases were the court’s first opportunity to interpret the meaning of the new Fourteenth Amendment.
bss.sfsu.edu /waldrep/hist471/slaughterhouse_cases.htm   (2824 words)

  
 FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 2 of 40
The Slaughter-House Cases, therefore, reduced the privileges and immunities clause to a superfluous reiteration of a prohibition already operative against the states.
Wheeler, 254 U.S. (1920), that the statute at issue in Crandall was actually held to burden directly the performance by the United States of its governmental functions.
Spokane, P. Ry., 258 U.S. (1922) (statute restricting dower, in case wife at time of husband's death is a nonresident, to lands of which he died seized); Walker v.
caselaw.lp.findlaw.com /data/constitution/amendment14/02.html   (1366 words)

  
 Slaughterhouse Cases
Other slaughterhouse operators barred from their trade brought suit, principally on the ground that they had been deprived of their property without due process of law in violation of the
The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment.(The Fourteenth Amendment and the Law of the Constitution)(Book Review)
Case of mad cow disease found in Austrian slaughterhouse
www.infoplease.com /ce6/history/A0845513.html   (365 words)

  
 slaughterhouse cases, ex parte milligan, exodusters   (Site not responding. Last check: )
The case of Butcher's Benevolent Association of New Orleans v.
The cases presented the Court with its first chance to define the meaning of the 14th amendment, originally intended to grant fl freedmen full rights to citizenship.
This ruling was a landmark case in the history of American civil liberties.
www.owlnet.rice.edu /~mwfriedm/terms/karen14.html   (926 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
But the three of which the names are given as a sub- title at the head of this report were, by certain of the butchers, asserted not to have been dismissed.
Rumpff,6 a case in Illinois, and The Mayor of the City of Hudson v.
[83 U.S. their business within the State; and in the case cited the validity of the discriminating provisions of the statute of Virginia between her own corporations and the corporations of other States, was assailed.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=US&vol=83&page=36   (12853 words)

  
 Politics 14b Lecture Summaries Part III
Highlights include the 5th Amendment's protection in criminal cases against self- incrimination, the 6th Amendment's guarantees in criminal cases of a speedy and public trial, trial by jury, and the 8th Amendment's protection against cruel and unusual punishments.
The Fourteenth Amendment and the Slaughterhouse Cases (1873)
The Slaughter House Cases pose the interesting question of the appropriate judicial response to a constitutional provision whose meaning is largely unknown, as was, and is, the meaning of the privileges and immunities clause.
www.unet.brandeis.edu /~woll/14b99lec3.htm   (3274 words)

  
 Sheridan: Con-Law: BARRON & SLAUGHTERHOUSE CASES   (Site not responding. Last check: )
Just as we don't think it legitimate for one government branch or court tribunal to exercise the powers assigned by our constitution or other law to another, we don't think it legitimate to apply constitutional guarantees to situations to which they were not intended by their framers.
A new slaughterhouse will be set up by a new corporation operating under a franchise of the state legislature, a monopoly.
The reason was that the 14th amendment was a cornucopia of new constitutional guarantees prohibiting state, not federal, tyranny, including: privileges and immunities, equal protection, and due process of law against uncompensated takings (the butchers argued that the state imposed monopoly was a taking because it put them out of business for a governmental purpose).
sheridan_conlaw.typepad.com /sheridan_conlaw/2004/10/slaughterhouse_.html   (2664 words)

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