Early Interpretations

Question 1

Baltirmore flooded wharf but did not provide compensation. 5A only applies to Fed gov action and not State’s. BOR does not limit State govs per se (they get limited by incorporation doctrine)

Answer 1

Barron v. Baltimore (Pre-Incorporation)

Question 2

Slave catcher captures fugitive in PA. Fugitive Slave Act (Fed) authorizes slave owner to seize slaves while PA law provides protection to them. Rule: State doe snot have power to pass personal liberty law. (Precursor to finding the Constitutions confers unenumerated non-textual rights (here right to own slaves)

Answer 2

Prigg v. Pennsylvania

Question 3

Slave wanted to buy freedom and sued. Rule: All persons of African descent, whether enslaved or free, are excluded from natural citizenship and cannot assert their rights in fed court. MO compromise unconstitutional. Case has not been formally overturned but the ratification of 14A created a Constitutional provision - Citizenship Clause.

Answer 3

Dred Scott v. Sandford

Question 4

Hold Congress lacks power to pass civil rights laws that ban discrimination by operators of public accommodations - strike down CRA of 1875.

Answer 4

The Civil Rights Cases (1883)

Question 5

Butchers sued city of NO bc legislature required them to rent space from Slaughterhouse Co and butcher there. Did law violate 13 and 14A. Only part is binding is that Privileges and Immunities clause of 14A is only for protecting US citizenship rights free access to seaports and subtreasuries.

Answer 5

Slaughterhouse Cases

Question 6

Congress doe snot have the power to regulate privately-held public places. 14A prohibits any state from legislating laws that has the effect of denying any race, class, or individual equal protection of the law. 14A does NOT regulate non-gov actors. These cases are why CRA of 1964 gets passed through Commerce Clause. Harlan’s dissent interprets citizenship clause in a way that private actors can be prohibited by Constitution.

Answer 6

Anti-Civil Rights Cases

Question 7

Stands for the proposition that gov only regulates gov unless public function (Marsh v. Alabama) or Entanglement exception applies. Stems from EPC “no state shall…)

Answer 7

State Action Doctrine