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Wisconsin v. Constantineau, 400 U.S. 433 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wisconsin v. Constantineau, 400 U.S. 433 (1971)
Wisconsin v. Constantineau No. 95 Argued December 10, 1970 Decided January 19, 1971 400 U.S. 433
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
Syllabus
The police chief of Hartford, Wisconsin, pursuant to a state statute, caused to be posted a notice in all retail liquor outlets in Hartford that sales or gifts of liquor to appellee, a resident of that city, were forbidden for one year. The statute provides for such "posting," without notice or hearing, with respect to any person who "by excessive drinking" produces certain conditions or exhibits specified traits, such as exposing himself or family "to want" or becoming "dangerous to the peace" of the community. On appellee’s suit seeking, inter alia, injunctive relief, a three-judge federal court held the statute unconstitutional as violative of procedural due process.
Held:
1. The label or characterization given an individual by "posting," though a mark of serious illness to some, is to others such a stigma or badge of disgrace that procedural due process requires notice and an opportunity to be heard. Pp. 436-437.
2. Since here the state statute is unambiguous and there is no uncertain issue of state law, the federal court properly proceeded to determine the federal constitutional claim. Zwickler v. Koota, 389 U.S. 241, 250-251. Pp.437-39.
302 F.Supp. 861, affirmed.
DOUGLAS, J., delivered the opinion of the Court, in which HARLAN, BRENNAN, STEWART, WHITE, and MARSHALL, JJ., joined. BURGER, C.J., filed a dissenting opinion, in which BLACKMUN, J., joined, post, p. 439. BLACK, J., filed a dissenting opinion, in which BLACKMUN, J., joined, post, p. 443.
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Chicago: U.S. Supreme Court, "Syllabus," Wisconsin v. Constantineau, 400 U.S. 433 (1971) in 400 U.S. 433 400 U.S. 434. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ET3XKKZTITIP8RD.
MLA: U.S. Supreme Court. "Syllabus." Wisconsin v. Constantineau, 400 U.S. 433 (1971), in 400 U.S. 433, page 400 U.S. 434. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ET3XKKZTITIP8RD.
Harvard: U.S. Supreme Court, 'Syllabus' in Wisconsin v. Constantineau, 400 U.S. 433 (1971). cited in 1971, 400 U.S. 433, pp.400 U.S. 434. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ET3XKKZTITIP8RD.
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