CONSTRICTING THE LAW OF FREEDOM: JUSTICE MILLER, THE FOURTEENTH AMENDMENT, AND THE "SLAUGHTER-HOUSE CASES"

Almost all commentators agree that the "Slaughter-House Cases" defeated the intent of the Framers of the Fourteenth Amendment by rendering the Privileges and Immunities Clause a nullity. Professor Aynes suggests that Justice Bradley's dissent set forth a principled basis for interpret...

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Bibliographic Details
Published in:Chicago-Kent law review 1994-01, Vol.70 (2), p.627
Main Author: Aynes, Richard L
Format: Article
Language:English
Online Access:Get full text
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Summary:Almost all commentators agree that the "Slaughter-House Cases" defeated the intent of the Framers of the Fourteenth Amendment by rendering the Privileges and Immunities Clause a nullity. Professor Aynes suggests that Justice Bradley's dissent set forth a principled basis for interpreting the Amendment and that the explanation for failing to enforce meaning of the Amendment lies in the political views of the majority Justices.
ISSN:0009-3599