The Fourteenth Amendment and the States: A Study of the Operation of the Restraint Clauses of Section One of the Fourteenth Amendment to the Constitution of the United States

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Little, Brown,, 1912 - Constitutional amendments - 220 pages
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Page 101 - Supreme Court of the United States, on appeal by the State, on the ground that the proposed rates worked a deprivation of property without due process of law and denied the equal protection of the laws, in violation of the Fourteenth Amendment. The
Page 71 - based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. ... If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Page 71 - races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or the commingling of the two races upon terms unsatisfactory to either.
Page 128 - The Court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.
Page 45 - We doubt very much whether any action of a State not directed by way of discrimination against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Page 24 - prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and
Page 71 - common instance of this is connected with the establishment of separate schools for white and colored children, which has been held to be a valid exercise of the legislative power — even by courts of States where the political rights of the colored race have been longest and most earnestly enforced.
Page 87 - gas company secured a Federal injunction restraining the execution of the statute on the ground of violation of the interstate commerce clause of the Constitution and also of deprivation of property without due process of law in contravention of the Fourteenth Amendment. The commerce clause was the predominant issue. On appeal by the State the injunction was sustained.
Page 119 - The opinion in these cases proceeds, it seems to me, upon grounds entirely too narrow and artificial. I cannot resist the conclusion that the substance and spirit of the recent Amendments of the Constitution have been sacrificed by a subtle and ingenious verbal criticism.

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