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Kipley v. Illinois.

• 1897 • 170 U.S. 182 • Fuller Court
In the 1897 case of Kipley v. Illinois, the U.S Supreme Court upheld a conviction against John Kipley for violating an Illinois law that prohibited anyone from keeping or maintaining a bucket shop - a place where people could gamble on fluctuations in stock prices without actually buying or selling any securities. The defendant argued that this state law was unconstitutional because it interfered with interstate commerce and violated his right to due process under the Fourteenth Amendment....Open Case
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Chief Fuller Court
Term: 1897
Docket: 586
170 U.S. 182
18 S. Ct. 550
42 L. Ed. 998
1898 U.S. LEXIS 1536

Kipley v. Illinois.

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Opinion Summary
AI Abstract

In the 1897 case of Kipley v. Illinois, the U.S Supreme Court upheld a conviction against John Kipley for violating an Illinois law that prohibited anyone from keeping or maintaining a bucket shop - a place where people could gamble on fluctuations in stock prices without actually buying or selling any securities. The defendant argued that this state law was unconstitutional because it interfered with interstate commerce and violated his right to due process under the Fourteenth Amendment. However, the court rejected these arguments stating that gambling activities were subject to regulation by individual states and did not interfere with interstate commerce as no actual transactions of stocks occurred at such establishments. Furthermore, they found no violation of due process rights as there was sufficient notice and opportunity for defense provided before punishment was imposed.

Dissent Summary
AI Abstract

The dissenting opinion in the Kipley v. Illinois case argued that the state law requiring a person to have lived in an election district for 30 days prior to voting was unconstitutional. The justice believed that this requirement violated citizens' rights under the Fourteenth Amendment, which guarantees equal protection under the law and prohibits states from denying any person within its jurisdiction these protections. He contended that such a restriction on voting rights was not necessary for maintaining order or preventing fraud at elections, as it disproportionately affected certain groups of people who may move frequently due to economic circumstances or other factors beyond their control. Therefore, he concluded that this residency requirement served no legitimate purpose and unjustly infringed upon citizens' constitutional right to vote.

Opinion written by Justice JHarlan(1)
Decided: Apr 18, 1898
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