Professor Christopher Green discusses the first substantive due process case from 1877, Munn v. Illinois. The Supreme Court decided to use the Due Process Clause as the basis for its decision in Munn. Professor Green argues that it would have been easier to justify their argument using the Privileges or Immunities Clause from the Fourteenth Amendment. However, the Clause was rendered useless after the 1873 Slaughter-House cases so the Court had to find alternative reasoning for their decision in Munn.

Christopher Green is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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