Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 16
Page 50
50 / 130
—3—
few matters pertaining to the enforcement of state crim-
inal law. There was, to be sure, in Article [, Section 9,
a prohibition against Bills of Attainder and against
ex post facto laws and the United States Supreme Court
had occasion last century to deal with aspects of that
problem. But apart from those restrictions, the states
could design such criminal laws as they chose and enforce
them in any manner they desired. Then came the Four-
teenth Amendment with its Due Process Clause. Those
who designed that Amendment did not define due process.
But the great stream of cases that came to the Court
over the decades presented the recurring question as to
what provisions, if any, of the Bill of Rights were in-
cluded in the Due Process Clause and thus made applica-
ble to the states by reason of the Fourteenth Amendinent.
While the Fourteenth Amendment was designed pri-
marily to give political rights to Negroes. the first bene-
ficiaries were not the Negroes but proprietary interests.
In 1886 the Court held that “person” within the mean-
ing of the Equal Protection Clause included the corpora-
tion; and in 1889 the same was held as respects the
Due Process Clause.”
Likewise the first provision of the Bill of Rights made
applicable to the States by reason of the Fourteenth
Amendment favored the proprietary interests. In 1897,
the Court held that the Fourteenth Amendment forbade
a state from taking private property for public use with-
out the payment of just compensation.”* just as the fed-
eral governinent would be required to do under the “just
the years, many such decisions have incorporated rights,
secured against federal interference by the Bill of Rights,
into the Fourteenth Amendment. The most recent of
Santa Clara Co. v. Southern Pec. R.Co., Us U.S. 594, 39.
U Minneapolis Ry. Co. v. Beckwith, 120 U.S. 2A,
12 Chicago, BL & Q. R. Co. v. Chicaga, 160 U.S. 226.
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic