In a transitional decision, the Supreme Court approved of a statute limiting the manufacture and sale of alcoholic beverages but warned that there were limits to a state’s police power.
In the 1880’s Peter Mugler was fined and imprisoned for continuing to manufacture beer after the Kansas legislature passed a statute forbidding its sale or manufacture without a license. In appealing the conviction, Mugler argued that Kansas had no authority to prevent him from manufacturing beer for his private consumption or for sale outside the state. Although Mugler contended that the state law constituted a deprivation of property without due process, the state maintained that the law was a valid exercise of its police power, designed to protect the safety, health, morality, and welfare of its citizens.
Although the Supreme Court voted eight to one to uphold the Kansas law, Justice John Marshall Harlan
Allgeyer v. Louisiana
Due process, substantive