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American liberalism has long been divided between early "classic" and modern forms, a transformation associated with the rise of the social welfare state and the New Deal. The long-running critique of Hartzian consensus theory has left intact that division, which is likewise expressed in literature on the Reconstruction Amendments. This article offers a new staged theory of American liberal development in the nineteenth century, accomplished through the prism of public law. Newly elaborating and theorizing the governing frameworks of the antebellum "well-regulated society" and reading judicial disagreement in the Slaughter-House Cases (1873, 83 U.S. 36) in terms of these institutional frameworks, I show how the dual liberty paradigm of the well-regulated society was rearranged in Bradley's dissent. By elevating a conceptual split between the dissents of Field and Bradley and by tracing in Bradley's dissent the reorganization of police powers jurisprudence, I illuminate the fashioning and rapid diffusion of modern rights individualism.

Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due process clause of the fourteenth amendment in DeShaney as not imposing affirmative duties on the states to protect fundamental rights against private violence and in Webster as not requiring the states to expend any resources to aid women desiring abortions. The link between these cases is the Court's reluctance to define fully and enforce fundamental rights against state and private action. This reluctance has reinforced the view that the Constitution in general, and the due process clause of the fourteenth amendment in particular, primarily provide negative rights,which require the government to refrain from certain conduct, as opposed to positive rights, which impose affirmative duties on the government to take actions or expend resources to meet the needs of certain citizens.

The Slaughter-house cases grew "out of the act of the legislature of the state of Louisiana, entitled 'An act to protect the health of the city of New Orleans, to locate the stock-landings and slaughter-houses, and to incorporate "The Cresent City live-stock landing and slaughter-house company"' which was approved on the eighth of March, 1869, and went into operation on the first of June following".--p. 3. ; Mode of access: Internet.

4/14/1873: The Slaughter-House Cases argued.

What Swift v. Tyson has to say to The Slaughter-House Cases

British slaughter-house reformers campaigned to abolish private urban slaughter-houses and establish public abattoirs in the nineteenth century. Abolition of London's private slaughter-houses was motivated by the congestion created by livestock in city streets, the nuisance of slaughter-house refuse in residential neighbourhoods and public health concerns about diseased meat in the food supply. The butchers successfully defended their private slaughter-houses, illustrating the persistence of the craftsman's workshop and the importance of laissez-faire sentiments in opposition to municipalization in Victorian London.

5/7/1873: Chief Justice Salmon P. Chase died. One month earlier, he dissented in the Slaughter-House Cases, and was the lone dissenter in Bradwell v. Illinois.

The house is a primary indicator of social, economic and political conditions beyond the broader context of simply "dwelling." As a cultural symbol, the house incorporates technological and industrial developments and reflects attitudes toward space, time, and mobility.