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.