Our Changing Constitution by Charles Wheeler Pierson
page 66 of 147 (44%)
page 66 of 147 (44%)
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[Footnote 1: 11 Wall., 113 (1871).]
In the Slaughter House cases[1] an act of the Legislature of Louisiana, granting to a corporation created by it exclusive rights to maintain slaughter houses for the City of New Orleans and other territory, was upheld, as a valid exercise of state police power, against claims that the legislation violated rights secured under the newly adopted amendments to the Federal Constitution (Amendments XIII, XIV, XV). The opinion of the Court delivered by a Northern judge (Miller of Iowa) stands as one of the bulwarks of state authority. [Footnote 1: 16 Wall., 36 (1873).] In a series of later cases various reconstruction acts of Congress involving encroachments upon state rights were either held unconstitutional or radically limited in their effect. For example, the decision in _United States v. Cruikshank_[1] greatly limited the effect of the so-called Federal Enforcement Act. The decision in _United States v. Harris_[2] declared unconstitutional portions of an act of Congress designed for the suppression of activities of the Ku-Klux variety. In the so-called Civil Rights cases[3] certain provisions of the federal Civil Rights Act, passed in furtherance of the purposes of the new constitutional amendments and designed to secure to persons of color equal enjoyment of the privileges of inns, public conveyances, theatres, etc., were held unconstitutional as an encroachment on the rights of the states. [Footnote 1: 92 U.S., 542 (1875).] [Footnote 2: 106 U.S., 629.] |
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