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Wednesday, December 11, 2013

The Dred Scott Decision

There has been much controversy regarding the interpretation of the 14th Amendment. This Amendment overruled the Dred Scott decision, and utter that all persons born or naturalized in the US were citizens, despite their race, or status as a slave. The framers cherish the Amendment to promote equal fosterion for all US citizens. The framers use cheered a certain set of even ups that all US citizens should have. They wanted to nurse this set of right wings, and did so in the constituent 1 of the 14th Amendment. This section guarantees that no state shall pillage some(prenominal) citizen of the privileges or immunities of citizenship. The debate centers around the interpretation of a huge reading of the Amendment, or a more pin up one, which would restrict the scope of the amendment. A broader reading of the privileges or immunities clause would suggest that the framers intended to comfort fundamental rights from state and topical anaesthetic anaesthetic interfere nce. This would prevent a state from denying citizens of other states the privileges and immunities it accords its let citizens. A more narrow view would assume that the Fourteenth amendment was meant just to cherish former slaves. The Slaughterhouse Cases represent an epoch in which the peremptory coquet narrowly interpreted the Fourteenth Amendment.
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The Plaintiffs, some(prenominal) butchers, in these cases argued that an imposed restriction had deprived them of their property without callable process of the law, denied them equal comfortion, and abridged their privileges and immunities as citizens. The homage scorn the plaintiffs challenges du! e to a narrow view of the Fourteenth Amendment. The Court said that the equal protection clause was only meant to protect blacks, and the application of the due process clause does not protect a right to practice ones trade. The positive Court ruled that the privileges or immunities clause was not meant to protect state government actions, and did not grant the Court the right to invalidate state laws....If you want to get a just essay, order it on our website: OrderCustomPaper.com

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