Sunday, October 22, 2006

"Slaughter House Cases"

The Slaughterhouse cases occurred after the Civil War. Despite the 14th amendment, the Supreme Court maintained the state’s right to regulate citizens over that of the Federal government. Later, the decision lost influence and the dissenting view (it held in favor of the 14th) when the 14th became a way for the federal government to gain further entry into the lives of citizens.

“A citizen of a State is now only a citizen of the United States residing in that State. The fundamental rights, privileges, and immunities which belong to him as a free man and a free citizen, now belong to him as a citizen of the United States, and are not dependent upon his citizenship of any State. The exercise of these rights and privileges, and the degree of enjoyment received from such exercise, are always more or less affected by the condition and the local institutions of the State, or city, or town where he resides. They are thus affected in a State by the wisdom of it slaws. the ability of its officers, the efficiency of its magistrates, the education and morals of its people, and by many other considerations. This is a result, which follows from the constitution of society, and can never be avoided, but in no other way can they be affected by the action of the State, or by the residence of the citizen therein. They do not derive their existence from its legislation, and cannot be destroyed by its power.”

http://www.law.duke.edu/publiclaw/supremecourtonline/editedCases/sla.html

I think the importance of the case’s dissent is its establishment of citizenship as being national first and foremost and then a matter of the states. This is important for extrality because it allows the federal government to exercise power of citizens, wherever they may be so long as there exists some measure to allow for it (treaties, territory such as Puerto Rico). With this power, the Federal hold on citizens becomes supreme since state law is made secondary and it logically follows that if a citizen retains US citizenship abroad, then he/she is clearly (willing or unwillingly) acceptant of the fact that citizenship makes he/she a subject of the US government.

In a global world this interpretation of the 14th constructing citizens under the law as subjects no matter where they reside is important. It gives the government the ability to keep hold on its people abroad and allows for it to ensure that its citizens (for the most part) act accordingly with its wishes. Good Night.

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