enforce these provisions government to the states between the government and businesses January 21 2016 Before the Civil War the major issue before the Court was the relationship of the federal From the Civil War to the Constitutional Revolution of 1937 the major issue was relationship Civil War Amendments were meant to expand civil liberties 13th abolished slavery 15th gave African American men the right to vote the 14th was the most broad sweeping The basic motivation of the 14th Amendment was to secure the basic rights of all black Framers intended to change the basic relationship between federal government and states States are under the obligation to provide due process of law no state may deny life liberty r e civil liberties or property without due process of law Privileges and Immunities of U S Citizenship and Equal Protection Also contained an enforcement provision in Section 5 which gave congress the power to The 14th Amendment contained a de nition of citizenship people safeguarding the civil liberties of citizens For the rst time the Federal Government was going to assume the responsibility for Broad v Narrow Interpretation There was a bit of dispute over how the 14th Amendment was interpreted 14th Amendment was looked at by rati ers as over turning the Dred Scott decision and the 14th Amendment providing baseline protection to African Americans Federal guarantees that the states would treat them equally economic rights The Negative Phase of the 14th Amendment came when it was used for the protection of The Gutting of the 14th Amendment The gutting of the protection of civil liberties from the 14th Amendment began with the By 5 4 vote the court ruled against the Butchers this decision narrowed the protection of Privileges and Immunities of the 14th Amendment was narrowed a false distinction between Slaughterhouse Cases in 1873 proper procedures needed to be followed U S and state citizenship was create The 14th Amendment was basically stripped of its ability to protect civil liberties a perpetual censor Justice Miller argued that a broad construction of the amendment would make the court into He also argued that Due Process of Law was strictly procedural only means that all of the Equal Protection was adopted in the emergency that arose in the freeing of the slaves and Minor v Happersett 1875 The majority did not want to get involved in these types of cases Ms Minor of Missouri wanted to vote in the presidential election and went to the registrar to register to vote when she tried to register she was told that under Missouri law she was not allowed to register to vote because she was a woman was meant to protect black people additional guarantee She claimed her Privileges and Immunities as a US citizen were violated She sued in the Missouri courts and then appealed to the Supreme Court The Supreme Court voted against her claim Chief Justice Waite argued that the right to vote was not necessarily one of the Privileges and Immunities of a United States citizen The 14th Amendment does not add to any of these privileges the clause only adds an at the time with the 14th Amendment The right to vote was not coextensive with citizenship of the states and was not coextensive 14th only protects males did not think of women as having the right to vote If voting is one of the Privileges and Immunities of US Citizenship there would have been no The Court continued its restrictive reading of the 14th Amendment privileges and immunities need for the 15th Amendment clause Not interested in putting civil liberties on its front constitutional burner selection had protested the selection of a racist jury serving lack of people of color on juries no longer equals racial discrimination Strauder v West Virginia 1880 This case concerned the state law limiting jury service to whites only Mr Strauder an African American and former slave was tried and convicted as a murder he He sued and the state courts upheld law and subsequently the conviction by racist jury The Supreme Court strikes down the law as violating the Equal Protection However they also rule that since there is now no law prohibiting African Americans from Basically if racial discrimination is subtle it is okay Civil Rights Cases of 1883 The demise of the 14th Amendment continued with the Civil Rights Cases of 1883 These cases represented a major setback for Equal Protection Civil Rights Act of 1875 prohibited racial discrimination in public accommodations Congress enacted this in the theory that the way businesses conduct themselves affect public The act was aimed at private individuals operating services traditionally subject to public Court says that Congress had gone too far Congresses s use of the Section 5 enforcement powers does not extend to private individuals the 14th Amendment only concerns state actions The decision severely narrowed Congresses enforcement powers Plessy v Ferguson 1896 The majority ruled that the state law requiring separation of races is a valid exercise of state Accommodations must be equal the law satis es the equal protection guarantee racial apartheid read into Constitution Hurtado v California 1884 The decision in this case effectively read criminal procedural guarantees out of the 14th Created the Anti Redundancy Doctrine Amendment Due Process Clause police powers regulation affairs Amendment guarantees of the guarantees of the Bill of Rights The decision stated that the guarantees in the 14th Amendment do not include any of the 5th Due Process The Due Process Clause of the 14th Amendment is the same Due Process Clause that is found The 5th Amendment provides guarantees for the Federal Government the 14th Amendment The 5th Amendment includes other criminal procedure guarantees as well as the Due Process in the 5th Amendment word for word provides guarantees for the states guarantee The guarantees included a grand jury indictment and just compensation The Supreme Court then reasoned that the Constitution needs to be interpreted as non redundant thus the 5th Amendment Due Process Clause protects rights other than those spelled out in the 5th Amendment The Due Process Clause of the 5th Amendment is the exact same as in the 14th Amendment meaning that the Due Process guarantees of the 14th Amendment cannot include the guarantees spelled out in the 5th Amendment and by implication the rest of the Bill of Rights businessman Doctrine of Anti Redundancy Doctrine of the Rights of the Accused in