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The License Cases: Samuel Thurlow, Plaintiff In Error, v. The Commonwealth Of Massachusetts

1847 • 46 U.S. 504 • Taney Court
The License Cases was a landmark case in the United States Supreme Court that dealt with the issue of whether states had the power to regulate liquor sales. The plaintiff, Samuel Thurlow, argued that Massachusetts' law requiring him to obtain a license before selling alcohol violated his constitutional rights. The court ultimately held that while states did have some authority over liquor sales, they could not impose licensing requirements on individuals without providing them due process of...Open Case
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Chief Taney Court
Term: 1847
46 U.S. 504
12 L. Ed. 256
1847 U.S. LEXIS 322
Argued: Jan 29, 1845

The License Cases: Samuel Thurlow, Plaintiff In Error, v. The Commonwealth Of Massachusetts

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Opinion Summary
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The License Cases was a landmark case in the United States Supreme Court that dealt with the issue of whether states had the power to regulate liquor sales. The plaintiff, Samuel Thurlow, argued that Massachusetts' law requiring him to obtain a license before selling alcohol violated his constitutional rights. The court ultimately held that while states did have some authority over liquor sales, they could not impose licensing requirements on individuals without providing them due process of law. This decision established an important precedent for future cases involving state regulation and individual rights under the Constitution. It also set forth principles regarding how far states can go in regulating certain activities within their borders and what limits must be placed upon those regulations when it comes to protecting individual liberties.

Dissent Summary
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In The License Cases, Samuel Thurlow argued that the Massachusetts law requiring a license to sell liquor was unconstitutional. Chief Justice Taney delivered the dissenting opinion of the court, arguing that states have an inherent right to regulate commerce within their borders and pass laws for public safety and welfare. He further stated that Congress had not passed any legislation which would limit this power or interfere with it in any way. Additionally, he noted that if Congress did attempt to restrict state authority over such matters as licensing businesses then it would be infringing on states’ rights under the Tenth Amendment of the Constitution. In conclusion, Taney believed that Massachusetts had acted within its constitutional powers by passing a law requiring licenses for selling liquor and thus should be upheld by the Court.

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