Legal Liberalism Calls For Equality - 1680 Words

Legal liberalism calls for equality before the law; it was a manner to ensure that there shall be equality before all citizens, protecting them from unjust statutes or acts the state may incorporate. However, despite the protections in our constitution, there are instances in American history where the Supreme Court has endorsed other branches to violate or limit its citizens’ economic freedom. In this essay I will cite court cases and documents that incited conflict, most notably â€Å"substantive due process† and â€Å"liberty of contract.† In light of these cases it prompted a massive transformation in constitutional jurisprudence such as Equal protections clause, right to privacy, and criminal defendants’ rights that moved the nation towards†¦show more content†¦In reaction, the butchers filed a lawsuit claiming that this Louisiana law violated their fundamental rights to pursue happiness and to pursue their calling as butchers. They argued th at the right was protected under the privileges or immunities clause of the 14th amendment, which had been ratified in 1848. In a 5-4 decision, the supreme Court conflicted with the butchers’ reasoning. The Supreme Court ruled that the monopoly inflicted by the state did not violate the 13th and 14th amendments (privilege and immunities clause); in other words, the claim did not forbid limits on the rights to use one’s property (Lecture). Essentially, the Supreme Court rendered the â€Å"privileges and immunities† clause of the 14th amendment insignificant. In the Field and Bradley dissent, they argue that the purpose of the immunities clause was to limit state action, Bradley went so far as to incorporating the Bill of Rights into the dissent. The Slaughter house case is one of the Supreme Court’s worst decisions plus an example of the U.S. violating its Constitution. The 14th amendment, privileges and immunities clause states: â€Å"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the