Gitlow argued that the First Amendment guaranteed freedom of speech and the press. A socialist named Benjamin Gitlow printed an article advocating the forceful overthrow of the government and was arrested under New York state law. ![]() Gitlow illustrated one of the Court’s earliest attempts at incorporation, that is, the process by which provisions in the Bill of Rights has been applied to the states. New York (08 June 1925) ― Before 1925, provisions in the Bill of Rights were not always guaranteed on the local level and usually applied only to the federal government. The Supreme Court struck down the Bakeshop Act, however, ruling that it infringed on Lochner’s “right to contract.” The Court extracted this “right” from the Due Process Clause of the 14th Amendment, a move that many believe exceeded judicial authority. New York () ―Lochner, a baker from New York, was convicted of violating the New York Bakeshop Act, which prohibited bakers from working more than 10 hours a day and 60 hours a week. Passionately he clarified that the Constitution was color-blind, railing the majority for an opinion which he believed would match Dred Scott in infamy. Justice John Marshall Harlan authored the lone dissent. In a 7-1 decision, the Court held that as long as the facilities were equal, their separation satisfied the 14th Amendment. Plessy lost in every court in Louisiana before appealing to the Supreme Court in 1896. Plessy argued that the Louisiana statute violated the 13th and 14th Amendments by treating black Americans inferior to whites. In 1892, Louisiana police arrested Homer Adolph Plessy-who was seven-eighths Caucasian-for taking his seat on a train car reserved for “whites only” because he refused to move to a separate train car reserved for blacks. Ferguson () ―The Louisiana legislature had passed a law requiring black and white residents to ride separate, but equal, train cars. Not included, Miller said, was the right to one’s livelihood or be protected against a monopoly. citizenship were narrow and only those specified in the Constitution, which included the right to freely travel throughout the states. He then looked to Article IV, which entitled “the Citizens of each State” to “all Privileges and Immunities of Citizens in the several States” and to the 14th Amendment, which guaranteed the protection of the “ Privileges or Immunities of citizens of the United States.” Miller reasoned that the two clauses protected different bundles of rights, with Article IV protecting the rights of state citizenship and the 14th Amendment protecting rights of national citizenship. Justice Samuel Miller dismissed the butchers' claims regarding due process and involuntary servitude. Slaughterhouse owners were incensed they sued Louisiana and argued that the state-sanctioned monopoly infringed on their newly ratified 13th and 14th Amendment rights. The Slaughter-House Cases () ―In the Slaughter-House Cases, waste products from slaughterhouses located upstream of New Orleans had caused health problems for years by the time Louisiana decided to consolidate the industries into one slaughterhouse located south of the city. Here is a look at 10 famous Court decisions that show the progression of the 14th Amendment from Reconstruction to the era of affirmative action. But starting in the 1920s, the Court embraced the application of due process and equal protection, despite state laws that conflicted with the 14th Amendment. ![]() In the early Supreme Court decisions about the 14 th Amendment, the Court often ruled in favor of limiting the incorporation of these rights on a state and local level. But in the ensuing years, the Supreme Court was slow to decide how the new (and old) rights guaranteed under the federal constitution applied to the states. The votes made the 14 th Amendment officially part of the Constitution. On July 9, 1868, Louisiana and South Carolina voted to ratify the amendment, after they had rejected it a year earlier. On the anniversary of the 14th Amendment's ratification, Constitution Daily looks at 10 historic Supreme Court cases about due process and equal protection under the law.
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