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Before the New Deal Era of 1937 to today, there was the Lochner Era.During the Lochner Era, The Court System defended individual’s rights against Government encroachment. The Supreme Court Case that sealed Lochner Era in history and is still debated today is Lochner vs New York.Short Summary:
In Lochner vs New York, the Supreme Court declared unconstitutional a New York Law that limited the number of hours a baker could work. That is what a New York Legislature attempted. The court held that the “state had no reasonable ground for interfering with liberty by determing the hours of labor for individuals who are free to work as they choose.” It found that the law interfered with freedom of contract. It did not serve as a valid police power, and it thus violated the fourteenth amendment’s Due Process Claus because it took away property without a trial. For three decades, the Lochner decision following 1905, almost two hundred state laws that regulated price, labor, and maximum or minumum hours were declared unconstitutional as violating the Due Process Claus of the fourteenth amendment. This decision serves as the yard marker in the ideological battle between the free market Natural Law orginalists and the New Deal regulatory state Positivists. What is the 1905 Liberty Of Contract?Liberty Of Contract-Freedom of choice-is protected by the fourteenth Amendments Due Process Claus is called “Substantive Due Process.” “Substantive” means that the fourteenth amendment safeguards more than ones procedural rights to due process under the law, and that any government attempts to legislate away one’s natural rights to life, liberty, and the pursuit of happiness is strictly prohibited. Put another way, life, liberty, and the pursuit of happiness are themselves protected, not just the means or procedure that the government must use if it wants to take them away.

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Source by Janna

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