Classes #16: The Scope of the 14th Amendment I – The Privileges or Immunities Clause, andCovenants II

Slaughter-House Cases, Bradwell v. Illinois, and U.S. v. Cruikshank


Class 16: The Scope of the 14th Amendment I – The Privileges or Immunities Clause

  • Contracting the Privileges or Immunities Clause (816-818)
  • Slaughter-House Cases (818-834)
  • Bradwell v. Illinois (834-838)
  • United States v. Cruikshank (838-42)


Class 16: Covenants II  (10/14/20)

  • Equitable Servitudes: Tulk v. Moxhay, 838-843
  • Neponsit Property Owners Assoc. v. Emigrant Industrial Savings Bank, 843-852
  • Restatement (Third) Approach: 852-853

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  1. The Roberts court could have simply incorporated Cruikshank to get an individual Scalia’s Rube Goldberg Heller opinion was unnecessary.

    The second and tenth counts are equally defective. The right there specified is that of 'bearing arms for a lawful purpose.' This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes, to what is called, in The City of New York v. Miln, 11 Pet. 139, the 'powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police,' 'not surrendered or restrained' by the Constituton of the United States.

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