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Abstract

Oral Argument: Monday, February 3, 1873
Decision: Monday, April 14, 1873
Categories: commerce clause, federalism, fourteenth amendment, race discrimination, slavery, states

Advocates

Not available

Facts of the Case

Louisiana had created a partial monopoly of the slaughtering business and gave it to one company. Competitors argued that this created "involuntary servitude," abridged "privileges and immunities," denied "equal protection of the laws," and deprived them of "liberty and property without due process of law."

Question

Did the creation of the monopoly violate the Thirteenth and Fourteenth Amendments?

Conclusion

No. The involuntary servitude claim did not forbid limits on the right to use one's property. The equal protection claim was misplaced since it was established to void laws discriminating against blacks. The due process claim simply imposes the identical requirements on the states as the fifth amendment imposes on the national government. The Court devoted most of its opinion to a narrow construction of the privileges and immunities clause, which was interpreted to apply to national citizenship, not state citizenship.

Cite this page

The Oyez Project, The Slaughterhouse Cases, 83 U.S. 36 (1873),
available at: <http://www.oyez.org/cases/1851-1900/1872/1872_2/>
(last visited ).