Butchers' Benevolent Assn. of New Orleans v. Crescent City Livestock Landing and Slaughter-House Co.
83 U.S. (16 Wall.) 36 (1873)
- The Louisiana legislature
granted a monopoly to Crescent City to slaughter cattle in New Orleans.
- Basically, if you were a
butcher, you had to work for Crescent City or you couldn't work at all.
- Local butchers sued, claiming
that the monopoly violated a number of their Constitutional rights.
- The butchers based their
claims on the due process, privileges
or immunities and equal
protection clauses in the 14th
- A number of different lawsuits
were brought, but they all ended up combined into one big US Supreme Court
- Crescent City won all of the
lower court decisions.
- The US Supreme Court found
that the 14th Amendment,
does not automatically apply to the States.
- The US Supreme Court found that
the 14th Amendment's Privileges
or Immunities Clause was not violated because it only affected
rights of United States citizenship and not State citizenship.
- Basically, the Court said
that the Privileges or Immunities Clause only applies to actions taken by the Federal government, not to
actions taken by State or local governments.
- See Barron v. Mayor and
City Council of Baltimore (32 U.S.
(7 Pct.) 243 (1833)).
- The Privileges or
Immunities Clause has been
considered pretty much dead since this ruling, at least until 1999.
- See Saenz v. Roe (526 U.S. 489 (1999)).
- The Court found that the Due
Process Clause was not violated
because it did not protect the right to 'practice a trade'.
- This was quickly overruled,
and now the Due Process Clause is
used to protect a large number of rights, including the right to an
- The Court found that the Equal
Protection Clause was not violated because
it was primarily intended to protect former slaves and wasn't meant to be
applied to people who weren't ex-slaves.
- This was also later
overruled and the Equal Protection Clause is now used to prevent a number of discriminatory practices,
such as gender discrimination.