Which clause, after Slaughter-House, provides most rights against state action?

Which clause, after Slaughter-House, provides most rights against state action?

• A. Due Process Clause
• B. Equal Protection Clause
• C. Privileges or Immunities Clause
• D. Commerce Clause

Answer: (A)

After Slaughter-House, most rights against state action come from the Due Process Clause of the Fourteenth Amendment. Slaughter-House narrowed the Privileges or Immunities Clause to a narrow set of federal “privileges of national citizenship,” effectively leaving the DP and EP as the main fences against state action. The Due Process Clause has been the primary vehicle for applying many rights from the Bill of Rights to the states through incorporation, making it the broad shield against state action. The Equal Protection Clause matters a great deal for protecting against unequal treatment, but it’s more about discriminatory laws than serving as the general vehicle for incorporating rights. The Commerce Clause is about regulating state and federal commerce, not about protecting individual rights from state action.

After Slaughter-House, most rights against state action come from the Due Process Clause of the Fourteenth Amendment. Slaughter-House narrowed the Privileges or Immunities Clause to a narrow set of federal “privileges of national citizenship,” effectively leaving the DP and EP as the main fences against state action. The Due Process Clause has been the primary vehicle for applying many rights from the Bill of Rights to the states through incorporation, making it the broad shield against state action. The Equal Protection Clause matters a great deal for protecting against unequal treatment, but it’s more about discriminatory laws than serving as the general vehicle for incorporating rights. The Commerce Clause is about regulating state and federal commerce, not about protecting individual rights from state action.