LAWS 2180 Lecture Notes - Jim Crow Laws, Industrial Revolution, Case Citation
Document Summary
Context: civil war just ended: reconstruction ends in 1876 officially. Cambell: governor is republican because of reconstruction and 14th amendments. 14th amendment refutes the dred scott decision that african americans could not be citizens of the united states: due process: deals with the substantive due process: butchers have a property right in their job. Doesn"t say it outright but it is implied. Arguments: cambell: due process argument: the new legislature deprives the butchers of their job and therefore their property. Therefore it violated the 14th amendment which says that no state will deprive a citizen of life liberty or property without due process under law. Therefore the states actions of police power is unconstitutional. Justice samuel miller: states have a right to relocate butchers because of police power. A. k. a. they do have a good reason to enact this legislation. Also, the primary purpose of the 14th amendment was to protect and give rights to former slaves.
