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The Due Process of U.S Constitution

This was a highly unpopular decision in the North. Likewise, when the Court ruled in Hepburn v. Griswold, 75 U.S. 603 (1870), that paper money (greenbacks) issued by the Union during the Civil War was unconstitutional, because the Legal Tender Act violated the Due Process Clause, popular opposition led to the overruling of the case within two years.

Substantive Due Process and the Protection of Private Property

Butchers in New Orleans sought to overturn under the Fourteenth Amendment's Privileges and Immunities, Equal Protection and Due Process Clauses the grant by the carpetbag Louisiana legislature of a local monopoly over the meat slaughtering business. They argued that Congress in enacting the Fourteenth Amendment intended it to be applied to the states. The Court, however, in the SlaughterHouse Cases, 83 U.S. 36 (1872), rejected this attempt to expand the scope of substantive due process. Justice Miller for the majority said "under no construction of that provision that we have ever seen, or that we deem admissible, can" the Louisiana law be deemed a violation of the Due Process Clause of the Fourteenth Amendment.

During the 1870s, the Gilded Age, and the 1880s, the Age of the Robber Barons, business interests tended to predominate due to the tremendous expansion of the economy and rapid industrialization after the Civil War. The Court had traditionally championed private property rights which James Madison had described in Federalist Paper No. 10 to be "the first object of government." Under the doctrine of laissez faire, any interference with private property rights was regarded as disruptive of the invisible and beneficial workings of the private marketplace. McCloskey said that "the major value of the [postwar] Court . . . was the protection of the business community against the government." The Court invalidated many state laws which regulated business usually under the commerce clause. Justice Stephen Field in a n...

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The Due Process of U.S Constitution. (1969, December 31). In Retrieved 17:49, August 18, 2017, from
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