Questions to Answer in
Reading the
Slaughter-House Cases
In the Slaughter-House Cases, 83 U.S. 36 (1873), the challengers relied
on the newly adopted 13th and 14th Amendments to assert their claim
that the Louisiana law creating the Crescent City Livestock Landing and
Slaughter-House Company was unconstitutional. The challengers made 4
separate arguments:
1. The law violated the 13th Amendment prohibition against involuntary
servitude
2. The law violated the 14th Amendment Due Process Clause
3. The law violated the 14th Amendment Equal Protection Clause
4. The law violated the 14th Amendment Privileges and Immunities Clause.
The Supreme Court rejected all 4 arguments. We will discuss in
class why the Court rejected each of the 4 arguments. However,
the edited version of the Slaughter-House Cases in the casebook focuses
on the Court’s rejection of the 14th Amendment Privileges and
Immunities Clause argument. To understand why the Court rejects that
argument, you should attempt to answer the following questions:
1. There are two Privileges and Immunities Clauses in the Constitution,
one in Article IV that prohibits states from discriminating against
nonresidents of the state in relation to privileges and immunities of
state citizenship and one in the 14th Amendment that protects the
privileges and immunities of citizens of the United States. We already
know from United Building & Construction Trades Council v. Mayor
& Council of Camden and Supreme Court of New Hampshire v. Piper,
that the privileges and immunities of citizens of state citizenship
protected by Article IV include those rights that are fundamental to
interstate harmony such as the right to practice a profession. Those
rights, as described in Ward v. Maryland, 79 U.S. 418 (1870), also
include “the right of a citizen of one State to pass into any other
State of the Union for the purpose of engaging in lawful commerce,
trade, or business without molestation; to acquire personal property;
to take and hold real estate; to maintain actions in the courts of the
State; and to be exempt from any higher taxes or excises than are
imposed by the State upon its own citizens.” Those rights are
also described in Corfield v. Coryell (quoted on page 343 in the
Slaughterhouse Cases).
According to the Court, does the 14th Amendment Privileges and
Immunities Clause, which protects the privileges and immunities of
citizens of the United States, protect those same rights or a different
group of rights?
2. If the 14th Amendment Privileges and Immunities Clause protected the
right to practice a profession, would you expect the challengers to win
or lose in the Slaughterhouse Cases?
3. The Privileges and Immunities Clause of Article IV protects against
discrimination by a state against non-citizens of the state. This
provision guarantees equal treatment of citizens of a state and
non-citizens of a state in the grant of certain rights. However, if a
state refuses to grant its own citizens a particular right they have no
claim under the clause. Moreover, if a state refuses to grant its own
citizens a particular right then non-citizens have no claim to the
protection of that right since all that is guaranteed is equality of
treatment.
Does the 14th Amendment Privileges and Immunities Clause also guarantee
some form of equality of treatment or does it constitutionally
guarantee certain rights to U.S. citizens which states can’t take away
either from their own citizens or from non-citizens?
4. The list of privileges and immunities of citizens of the United
States was described in the case of Crandall v. Nevada,73 U.S. 35
(1867), as quoted in the Slaughterhouse Cases (page 344). What do those
rights include? Why do the protections of these rights seem
particularly suited to the role of the federal government?
5. Why did the Court conclude that the adoption of the Fourteenth
Amendment did not expand the privileges and immunities of U.S. citizens
to include rights previously guaranteed only by the states and not by
the federal government?