Today in Supreme Court History: August 7

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Ex parte Clarke, 9 S.Ct. 2 (decided August 7, 1888): Harlan (I) denies habeas to a steamship operator who had been convicted of selling alcohol in violation of a recently-enacted Pennsylvania statute; rejects argument that statute is unconstitutional; as an aside he also believes Congress wouldn’t have the power to override it (maybe this is why a Constitutional amendment, the Eighteenth, was then necessary?)

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