The Slaughterhouse Cases at 150

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 16 February 2023

⏱️ 59 minutes

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Summary

In 1873, the U.S. Supreme Court in a 5-4 ruling decided The Slaughterhouse Cases, which narrowly interpreted the new Privileges and Immunities Clause of the recently ratified 14th Amendment. With this year marking the 150th anniversary of the decision, we’re joined today by two leading scholars to understand what The Slaughterhouse Cases were about, and why some scholars and judges–including current Supreme Court justices like Justice Clarence Thomas–have criticized the decision and its effect on constitutional law doctrines; while others have agreed with its interpretation. Guests Kurt Lash, professor at the University of Richmond Law School, and Kermit Roosevelt, professor at the University of Pennsylvania Carey Law School, join to discuss the history and story of the case; what happened after it was decided; and what would happen in constitutional law today if the case was overturned. Host Jeffrey Rosen moderates. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0	Hello friends. I'm Jeffrey Rosen, president and CEO of the National
0:06.7	Constitution Center and welcome to We The People, a weekly show of
0:10.3	constitutional debate. The National Constitution Center is a nonpartisan
0:14.4	nonprofit charted by Congress to increase awareness and understanding of the
0:18.8	Constitution among the American people. Last summer when the Supreme Court overturned Roe v. Wade
0:24.7	in the Dodds case, Justice Clarence Thomas
0:27.1	wrote a concurring opinion calling for the court
0:29.4	to overturn other substantive due process cases, including decisions protecting contraception
0:34.8	and gay marriage.
0:36.3	But he left open the possibility that those rights might be protected by a different clause
0:40.4	of the 14th Amendment, the privileges or immunities clause.
0:44.5	This is the 150th anniversary of the Slaughterhouse case.
0:48.0	That was a controversial 1873 case that read the privileges or immunities clause out of the Constitution.
0:54.7	To mark the anniversary, we're joined today by two leading scholars to understand what the
0:58.7	case was about, why many liberal and conservative judges think it was wrongly decided, and what would happen
1:05.3	if Slaughterhouse were overturned?
1:07.5	Kurt Lache is the E. Claiborne Robbins, distinguished professor of law at the University of Richmond.
1:13.1	His books include the 14th Amendment
1:15.1	and the privileges or immunities of American citizenship.
1:18.6	Kurt, it's an honor to welcome you to We The People.
1:22.0	Jeff, it's great to be here.
1:23.5	Thank you for having me.
	...

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