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Bohanan v. Nebraska

• 1887 • 125 U.S. 692 • Waite Court
In Bohanan v. Nebraska, the Supreme Court considered a case involving an individual's right to due process of law under the Fourteenth Amendment. The plaintiff, Mr. Bohanan, had been convicted in a Nebraska state court for selling liquor without having obtained a license from the state government as required by statute. He argued that his conviction violated his rights under the Fourteenth Amendment because he was not given notice or an opportunity to be heard before being found guilty and...Open Case
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Chief Waite Court
Term: 1887
Docket: 501
125 U.S. 692
8 S. Ct. 1390
31 L. Ed. 854
1887 U.S. LEXIS 2218

Bohanan v. Nebraska

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Opinion Summary
AI Abstract

In Bohanan v. Nebraska, the Supreme Court considered a case involving an individual's right to due process of law under the Fourteenth Amendment. The plaintiff, Mr. Bohanan, had been convicted in a Nebraska state court for selling liquor without having obtained a license from the state government as required by statute. He argued that his conviction violated his rights under the Fourteenth Amendment because he was not given notice or an opportunity to be heard before being found guilty and sentenced to pay fines and costs associated with his offense. The Supreme Court agreed with Mr. Bohanan’s argument and held that all persons accused of violating criminal laws must receive adequate notice prior to trial so they can prepare their defense accordingly; otherwise, such convictions would violate due process protections guaranteed by the Constitution’s Fourteenth Amendment which states “no State shall deprive any person of life liberty or property without due process of law."

Dissent Summary
AI Abstract

Justice Field delivered the dissenting opinion in Bohanan v. Nebraska, arguing that the state of Nebraska had violated the Fourteenth Amendment by denying a citizen their right to due process and equal protection under law. He argued that while states have broad powers when it comes to regulating public health, safety, and welfare, they must still abide by constitutional limitations on those powers. In this case, he believed that Nebraska had gone too far in its regulation of liquor sales without providing any opportunity for citizens to challenge or appeal such regulations. Furthermore, Justice Field noted that even if there was an issue with alcohol consumption within certain areas of the state – which he did not believe was proven – then other methods could be used instead of completely banning all sales throughout the entire state. Ultimately he concluded that these regulations were unconstitutional as they denied citizens their basic rights without any chance for them to defend themselves against such restrictions before a court or tribunal.

Opinion written by Justice MRWaite
Decided: Oct 17, 1887
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