Cases

Question 1

Somersett’s Case

Answer 1

Slavery is contrary to natural law,
thus only clear positive law can support it; and, under the “law of
nations,” such positive law does not generally apply extraterritorially.

Question 2

Lemmon v. The People

Answer 2

Under the Privileges and Immunities Clause, in a given state, every citizen of every other state has the same rights that the citizens of that given state possess. In other words the Slaves are now freeman.

Question 3

Allstate Insurance Co.

v. Hague (1981).

Answer 3

Supreme Court has given states wide latitude in deciding to apply
their own law, rather than another state’s law

Question 4

Prigg v. Pennsylvania

Answer 4

The United States Constitution grants exclusive authority to the federal government for making laws regulating the capture and return of fugitive slaves. This is a very pro slave decision. What is omitted in the constitutional the word Slave or a reference of slavery…

Question 5

Dred Scott v. Sandford

Answer 5

Citizenship holding: African-Americans cannot be part of
US political community because they are
inferior race.
Missouri Compromise holding:Banning slavery in territories violates DP
Clause of Fifth Amendment (= substantive DP)

Question 6

The Slaughter-House Cases

Answer 6

P or I Clause only protects narrow range of rights
related to national citizenship. Slaughter-House does not specifically hold that the
BillOfRights does not apply to the states

Question 7

Barron v Baltimore

Answer 7

Two ways to apply BillOfRights to the states: (1) by congressional legislation or (2) by constitutional amendment. Privileges OR immunitites included in the BillOfRights: (1) Legal usage: “privileges” and “immunities” referred to specific
body of substantive rights and (2)Statements by congressional proponents (Rep. Bingham, Sen.
Howard)

Question 8

Strauder v. West Virginia

Answer 8

The Fourteenth Amendment prohibits states from enacting laws that deny any of its citizens equal protection under the law;categorically forbids discrimination on race; they got right here!!

Question 9

The Civil Right Cases

Answer 9

(1) 13th A prohibits “badges and incidents of slavery,” but not
individual discrimination; (2) 14th A did not authorize Congress to forbid
discrimination by private persons—limited to “state action”

Question 10

Texas v. White

Answer 10

SCOTUS embraces Lincoln’s
view on legal ineffectiveness of state’s
purported succession; partition of state?

Question 11

Cruikshank (1876)

Answer 11

BOR does not apply to states—effectively
read P or I Clause out of Constitution, except for narrow range
of rights related to national citizenship