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United States Constitution Though the Bill of Rights was originally written to limit only the power of the federal government, the Supreme Court has ruled that most of its guarantees protect citizens against state governments. Some have suggested that the Privileges or Immunities Clause of the Fourteenth Amendment would be a more appropriate textual source of incorporation, but the Privileges or Immunities Clause has not been used to incorporate the Bill of Rights. This has meant that the Due Process Clause was the means by which incorporation occurred. It is often said that the Slaughterhouse Cases "gutted the Privileges or Immunities Clause," and thus prevented its use for applying the Bill of Rights against the states.[1] In his dissent to Adamson v. California, however, Justice Hugo Black has pointed out that the Slaughter-House Cases did not directly involve any right enumerated in the Constitution [T]he state law under consideration in the Slaughter-House cases was only challenged as one which authorized a monopoly, and the brief for the challenger properly conceded that there was "no direct constitutional provision against a monopoly." The argument did not invoke any specific provision of the Bill of Rights, but urged that the state monopoly statute violated "the natural right of a person" to do business and engage in his trade or vocation.[2]
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