Slaughtering Slaughter-House: An Assessment of 14th Amendment Privileges or Immunities Jurisprudence
Abstract
In 1872, the Supreme Court decided the Slaughter-House Cases, which applied a narrow interpretation of the Privileges or Immunities Clause of the 14th Amendment that effectually erased the clause from the Constitution. Following Slaughter-House, the Supreme Court compensated by utilizing elastic interpretations of the Due Process Clause in its substantive due process jurisprudence to cover the rights that would have otherwise been protected by the Privileges or Immunities Clause. In more recent years, the Court has heard arguments favoring alternative interpretations of the Privileges or Immunities Clause but has yet to evaluate them thoroughly. By applying the Court’s previously articulated stare decisis factors, this Note will evaluate the prudence in overturning the Court’s long-standing Privileges or Immunities Clause precedent established in the Slaughter-House Cases.
Recommended Citation
Webb, Caleb
(2024)
"Slaughtering Slaughter-House: An Assessment of 14th Amendment Privileges or Immunities Jurisprudence,"
Helms School of Government Undergraduate Law Review: Vol. 3, Article 2.
Available at:
https://digitalcommons.liberty.edu/helmsundergraduatelawreview/vol3/iss1/2