In the case of McQuade v. Trenton in 1898, James McQuade sued the city of Trenton, New Jersey over a local ordinance that prohibited him from operating his business on Sundays. The Supreme Court ruled against McQuade, upholding the constitutionality of "blue laws" which restrict certain activities on Sundays for religious reasons. The court found that these laws were not an infringement upon individual rights or liberties as they served to promote public health and welfare by ensuring a universal day of rest. This decision reinforced states' police powers - their authority to regulate behavior and enforce order within their jurisdiction for betterment of health, safety, morals and general welfare.

In the dissenting opinion for McQuade v. Trenton, it was argued that the ordinance in question did not infringe upon any constitutional rights of the plaintiff. The dissenting justices believed that a municipality has inherent power to regulate its streets and public places for purposes connected with public convenience or safety, even if this regulation may indirectly affect businesses operating within these spaces. They contended that such regulations are not an invasion of property rights without due process of law nor do they deny equal protection under the law as long as they apply equally to all individuals or businesses affected by them. In their view, there was no evidence presented in this case showing arbitrary action on part of city officials or unjust discrimination against certain business owners which would make this ordinance unconstitutional.