POLISCI 361 Lecture 2: Notes 1/24
28 Jan 2019
School
Department
Course
Professor
Civil Liberties 1866-1900
● The Gutting of the 14th Amendment
○ The slaughterhouse cases of 1873 https://www.oyez.org/cases/1850-
1900/83us36
■ White butchers in new orleans challenged a monopoly invoked protection
of 14th amendment
■ First case that was decided that encompassed the 14th amendment
■ By 5;4 vote court rules against butchers and narrows protection of 14th
amendment said that monopoly did not violate the 14th amendment
■ Butchers claimed that their privileges and immunities narrowed by having
the monopoly (distinction between US & state citizenship) -- stripped of
ability to protect civil liberties
■ Butchers claimed their property was taken without due process of law
● Ruled that due process strictly procedural and louisiana did in fact
act procedurally
■ Equal protection meant to protect black people
○ Minor v Happersett 1875
https://www.lexisnexis.com/lawschool/resources/p/casebrief-minor-v-
happersett.aspx
■ Ms minor a citizen of missouri over 21 perfectly qualified to be a voter
wanted to vote in presidential election she was denied right to vote based
on her gender and said under missouri law women couldn't vote she
claimed that as a US citizen she had the right to vote because voting in a
presidential election is a privilege and immunity under the 14th
amendment
● Lost the case supreme court voted unanimously against her
● Reason behind decision was that framers of the US constitution &
14 amendment did not think of women having right to vote not a
privilege and immunity of citizenship
○ Strauder v West Virginia https://www.oyez.org/cases/1850-1900/100us303
■ Limited jury service to only white people
■ Former slave was convicted of murder in west virginia
■ Protested racist jury law and claimed he couldn't get a fair trial with an all
white jury
■ Court found the white only jury law violated the 14th amendment and the
law was struck down
■ Court also ruled that as long as there was no law prohibiting blacks from
serving, lack of blacks on juries does not = racial discrimination
● Kind of served as a loophole to keep blacks out of serving on
juries
Civil rights cases of 1883
● Major set back for = protection
● Civil rights act of 1875 prohibited racial discrimination in public accomodations
Document Summary
White butchers in new orleans challenged a monopoly invoked protection of 14th amendment. First case that was decided that encompassed the 14th amendment. By 5;4 vote court rules against butchers and narrows protection of 14th amendment said that monopoly did not violate the 14th amendment. Butchers claimed that their privileges and immunities narrowed by having the monopoly (distinction between us & state citizenship) -- stripped of ability to protect civil liberties. Butchers claimed their property was taken without due process of law. Ruled that due process strictly procedural and louisiana did in fact act procedurally. Equal protection meant to protect black people. Lost the case supreme court voted unanimously against her. Reason behind decision was that framers of the us constitution & 14 amendment did not think of women having right to vote not a privilege and immunity of citizenship. Limited jury service to only white people. Former slave was convicted of murder in west virginia.
