TH 14 AMENDMENT Due Process 14 th Amendment
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TH 14 AMENDMENT Due Process
14 th Amendment Section 1. q 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.
The Slaughter House Cases (1872) Facts of the Case: q Louisiana passed a law that restricted slaughterhouse operations in New Orleans to a single corporation. Pursuant to the law, the Crescent City Live-stock Landing and Slaughter-House Company received a charter to run a slaughterhouse downstream from the city. No other areas around the city were permitted for slaughtering animals over the next 25 years, and existing slaughterhouses would be closed. A group of butchers argued that they would lose their right to practice their trade and earn a livelihood under the monopoly. Specifically, they argued the monopoly created involuntary servitude in violation of the Thirteenth Amendment, and abridged privileges or immunities, denied equal protection of the laws, and deprived them of liberty and property without due process of law in violation of the Fourteenth Amendment.
Majority Opinion ■ How does the 5 th/ 13 th/ 14 th Amendments apply to this case? ■ In lines 2 -6, what does Justice Miller say about the butchers rights in the case? ■ In lines 10 - 18, what is Justice Miller claiming about the actions of the state? ■ In lines 19 - 34, what issues is Justice Miller ruling on the case? What conclusion does he make? Why? ■ How was the due process clause of the 14 th amendment changed by the slaughter House Cases?
The Slaughter House Cases (1872) Decision: 5 votes for Louisiana, 4 votes against q The involuntary servitude claim of the 13 th Amendment did not apply since it was designed to address slavery. q The equal protection clause of the 14 th Amendment claim was misplaced since it was established to void laws discriminating against blacks; not guarantee economic rights to blacks. q The due process claim of the 14 th Amendment was not violated since a law was passed by the state and the butchers could still earn a living doing something else or working for the company. q The Privileges and Immunities Clause was not violated by the state because the clause only applied to the Federal protections.
In re Gault ■ As you read the case underline all the aspects that seem unfair OR which might be considered unconstitutional. ■ Put a question mark ? next to anything you have a question about.
Kalief Browder ■ As you watch the video write down important details in the left column ■ In the right column write down any questions you have ■ http: //abcnews. go. com/US/video/teen-held-rikers-island-jail-years-charges-dropped-30562015 ■ Now discuss and fill out the lower left box with details you found to be similar with that of the Gault case ■ In the lower right box discuss and write issues with this case that violate the 4 th, 5 th or 14 th Amendments.
You Be the Judge v Individually read your case and highlight the 5 most important sentences. v Use the 14 th Amendment handout to decide how to decide the case. v On the back write down a THREE sentence reason why you decided the way you did. v Now, as a group share your decisions and decide as a group what the outcome should be and why (It’s ok to change your mind).
