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Ex Parte In The Matter Of Franklin Ransom And Uzziah Weeman v. The Mayor, Aldermen, And Commonalty, Of The City Of New York

1857 • 61 U.S. 581 • Taney Court
In Ex Parte In The Matter Of Franklin Ransom and Uzziah Weeman v. The Mayor, Aldermen, and Commonalty of the City of New York, two men were arrested for violating a city ordinance that prohibited any person from selling goods without first obtaining a license. They argued that the ordinance was unconstitutional because it violated their right to due process under the Fourteenth Amendment. The Supreme Court ruled in favor of Ransom and Weeman, finding that while cities have broad powers to...Open Case
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Chief Taney Court
Term: 1857
61 U.S. 581
15 L. Ed. 1000
1857 U.S. LEXIS 489

Ex Parte In The Matter Of Franklin Ransom And Uzziah Weeman v. The Mayor, Aldermen, And Commonalty, Of The City Of New York

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Opinion Summary
AI Abstract

In Ex Parte In The Matter Of Franklin Ransom and Uzziah Weeman v. The Mayor, Aldermen, and Commonalty of the City of New York, two men were arrested for violating a city ordinance that prohibited any person from selling goods without first obtaining a license. They argued that the ordinance was unconstitutional because it violated their right to due process under the Fourteenth Amendment. The Supreme Court ruled in favor of Ransom and Weeman, finding that while cities have broad powers to regulate commerce within their borders they cannot do so in an arbitrary or oppressive manner which would deprive citizens of their constitutional rights. This decision established important precedent regarding state power over local governments as well as individual rights against government interference with economic activity.

Dissent Summary
AI Abstract

In the case of Ex Parte In The Matter Of Franklin Ransom and Uzziah Weeman v. The Mayor, Aldermen, and Commonalty of the City of New York, a majority opinion was issued that upheld an ordinance passed by the city which allowed for public health officers to enter private homes without notice or warrant in order to inspect them for sanitary conditions. However, Justice Nelson dissented from this opinion on two grounds: firstly he argued that such an ordinance violated both common law principles as well as constitutional protections against unreasonable searches; secondly he argued that it was not within the power of local governments to pass laws infringing upon individual rights unless expressly authorized by state legislatures. He concluded his dissent with a warning about allowing government officials too much discretion when it comes to entering private property without due process or proper authorization.

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