''Kidd v. Pearson'', 128 U.S. 1 (1888), was a case in which the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

held that a distinction between manufacturing and commerce meant that an

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

law that prohibited the manufacture of alcohol (in this case for sale out-of-state) was constitutional as it did not conflict with the power of the

US Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

to regulate

interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...

Background

In 1882, Iowa became a

dry state A dry state was a state in the United States in which the manufacture, distribution, importation, and sale of alcoholic beverages was prohibited or tightly restricted. Some states, such as North Dakota, entered the United States as dry states, and ...

with a passage of a state constitutional amendment. An Iowa state law supporting that prohibition made the manufacturing of liquor in Iowa illegal unless it was for mechanical, medicinal, culinary, and sacramental purposes. Nonetheless, the Polk County Board of Supervisors granted J. S. Kidd a license to operate a distillery in 1884 for other uses based on his intent to only sell the liquor outside the state of Iowa. When the state moved to close the distillery as a

public nuisance In English criminal law, public nuisance is an act, condition or thing that is illegal because it interferes with the rights of the general public. In Australia In ''Kent v Johnson'', the Supreme Court of the ACT held that public nuisance is ...

, Kidd sued and argued it was outside of state jurisdiction as an exclusively interstate business under the

commerce clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...

Question before the Supreme Court

Is there a conflict between the power of Congress to regulate interstate commerce.

Decision of the Court

The court ruled that there was not a conflict between Congress' power to regulate interstate commerce and the state law covering manufacturing within a given state. Therefore, the law was valid..

References

External links

* * 1888 in United States case law United States Constitution Article One case law United States Supreme Court cases United States Supreme Court cases of the Fuller Court United States Commerce Clause case law Prohibition in the United States Legal history of Iowa Polk County, Iowa {{SCOTUS-Fuller-stub

Background

Question before the Supreme Court

Decision of the Court

See also

References

Further reading

External links