Case Study Of Slaughterhouse Monopoly

　　　　There were two Justices, McLean and Curtis, who disagreed. They argued that once the Court determined it had no jurisdiction to hear case, it had to dismiss it, not make a ruling. They also felt there was no Constitutional basis for the claim that blacks could not be citizens. When the Constitution was ratified, black men could vote in five of 13 states. This made them citizens of their states as well as the U.S (The Supreme Court)

It even says it in the US constitution, "No state shall make of enforce any law which shall abridge the privileges of immunities of citizens of the US." And the arrest of Homer Plessy was enforcing a law which abridges the privileges of US citizens. All citizens constitutionally are completely equal before the law. The constitution does not tolerate classes among citizens; it does not tolerate the splitting of the people it’s meant to protect. The constitution was written to bring those separate classes together.

The success and the approval by the necessary three-quarters of U.S states, the 14th Amendment guaranteed to the newly freed slaves protection and citizenship along with all its privileges. This amendment resolved any pre-Civil War concerns of the African American community’s citizenship by stating that “all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside” (Primary Documents of American History, 2011). This amendment also reinsured that they had the equal rights and privileges of the rest of the citizens, and granted all these citizens the “equal protection of the laws” (Primary Documents of American History, 2011).

Issue: The issue in this case is whether the state violated the Free Exercise Clause of the First Amendment and the Fourteenth Amendment.

While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, “A free negro of the African race… is not a ‘citizen’ within the meaning of the Constitution of the United States,” and thus, only whites were entitled to constitutional rights. The

The ninth amendment states that, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (http://www.house.gov/Constitution/Amend.html).The fourteenth and the most important in this case states in Section 1 that,

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the

Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th amendment said “all person born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The 14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the power of states that they could not take away the rights of the citizens of the United States.

     In the early twentieth century, at the height of the progressive movement, “Muckrakers” had uncovered many scandals and wrong doings in America, but none as big the scandals of Americas meatpacking industry. Rights and responsibilities were blatantly ignored by the industry in an attempt to turn out as much profit as possible. The meat packers did not care if poor working conditions led to sickness and death. They also did not care if the spoiled meat they sold was killing people. The following paper will discuss the many ways that rights and responsibilities were not being fulfilled by the meat packing industry.

The only way any men were to be exempted from this clause was if his father or grandfather were to have voted previous to 1867. Being that African Americans’ ancestors were slaves, they were not able to be exempted thus they had to pass the tests, pay the tax, and pass any other requirements thrown at them. It was not until June 21, 1915 that the court declared it unlawful, leaving way for African Americans to vote.

The diversity of citizenship clause stipulates that matters that involves two or more parties of varying citizenship, such as state of residency or country of origin, and who’s legal dispute is greater than seventy-five thousand dollars, will be protected and served by the United States law under the jurisdiction of the federal court. The privileges and immunities clause prohibits states from discriminating against one another’s citizens, they are not to be unprivileged from any legal protection, access to courts, or travel and property rights. Lastly the commerce clause permits

In 1868, the United States of America's Congress adopted the 14th Amendment to the Constitution stating that, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State

As a consequence of the state of Louisiana making it mandatory for all slaughtering operations in New Orleans to occur at a single location under the complete control of the C.C.L.L.S.C, members of the Butchers Benevolent Association came together so as to take legal action against a statute that they considered to be corrupt. To be specific, besides this statue depriving the butchers of their right to practice their trade exactly as they always had - as they could no longer slaughter animals in their small unsupervised slaughterhouses – they also contended that the statute took away their means of financially providing for their families as were now prohibited from conducting business on their own property. Likewise, the butchers took issue

The privileges and immunities clause states that other states have no right to discriminate against another state and its residents. This gives residents that relish in the privileges and immunities clause in their state, the right to have indistinguishable treatment in other states. Additionally, a state must not give their residents any special privileges.

The 14th Amendment states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.