Mugler v. Kansas

Tue, 11 Oct 1887 13:00:00 +0000

Case Basics

Petitioner

Mugler

Petitioner Type

Petitioner

Respondent

Kansas

Respondent Type

Respondent

Heard By

Waite Court (1887-1888)

Decided By

Waite Court (1887-1888)

Opinion

123 U.S. 623 (1887)

Argued

Tuesday, October 11, 1887

Decided

Monday, December 5, 1887

Facts of the Case

A Kansas law prohibited the manufacture or sale of intoxicating liquor. Mugler was arrested for making and selling beer. This case was decided together with Kansas v. Ziebold.

Question

Does the Kansas law violate the Due Process Clause of the Fourteenth Amendment?

Conclusion

According to Harlan, the Kansas prohibition does not infringe on Fourteenth Amendment rights. Though Mugler has an abstract right to make liquor for his own use, such a right could be conditioned on its effect on others. Here the state legislature may exercise its police powers.

Kidd v. Pearson

Wed, 04 Apr 1888 13:00:00 +0000

Case Basics

Docket No.

779

Petitioner

Kidd

Petitioner Type

Petitioner

Respondent

Pearson

Respondent Type

Respondent

Heard By

Waite Court (1888)

Decided By

Fuller Court (1888-1889)

Opinion

128 U.S. 1 (1888)

Argued

Wednesday, April 4, 1888

Decided

Monday, October 22, 1888

Facts of the Case

A state law made the manufacture of liquor in the state illegal, even when the liquor was for sale and consumption out-of-state.

Question

Was the state law in conflict with the power of Congress to regulate interstate commerce?

Conclusion

There is no conflict and the state law is valid. The Court erected a distinction between manufacture and commerce. The state law regulated manufacturing only. The justices feared that a broad view of commerce that would embrace manufacturing would also embrace the power to regulate "every branch of human industry." The distinction proved untenable but it took nearly a half-century to erase its pernicious consequences.

Cases - 1887 term

Mugler v. Kansas

Kidd v. Pearson