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(Lect 2) American Constitutional Law History.docx

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York University
Social Science
SOSC 3360
Jonathan Rudin

American Constitutional Law History September2313433 PM Reason US experience very much changed the Canadian experience the way judges decide Most theorist was American14th Amendment of the US Constitution 1868 is the day for civil war No state shall deprived any person of life liberty or propertyWithout due process of the lawoDue process is not a term it is a legal term not absolutely clearPeople thought prior to 1900s it was a set a procedural rightsProcess of in terms to be fairIF those are followed the state can deprived you with life etcThe 14th amendment just means it has to follow a due process of lawFollow formal rules oDue process was actually never definedoIn the early 1905 State of NY makes a law for someone working in a bakery to work more than 10 hrs a day or 60 hrs a weekFirst workers lawDetermine hours of work Mr Lochner owned a bakery in New York and he was fine because he allowed one of his employees worked more than 60 hours a week and took the case to the Supreme Court of US He argued it deprived his and his employees liberty for contracting of working over 60 hrs of work From a Due process point of view there is nothing wrong with the lawHE was charged and all procedures have been followedThe majority of the US supreme court said this isnt about labour law the court said there was no reasonable groundThe law must be upheld if at all as it pertains in the healthIt is an illegal interference The court looked at the 14th Amendment they are not looking at the procedural they are looking at the substance of the lawThe substantive due process the substance of the lawIf it properly interferes with the liberty of the individualIn particular in the relationship of the master and employeeThere should be no rule for the state to get into the private contract of the caseThis case provokes strong decent the concern was what the court was doing they are wandering into the area the legislatures usually doOur role as the court is not whether to say if this is a good law or bad lawWe just look at the constitutionThis case is decided on an economic theory which the large part of the country does not entertainThe court does not think it is their dutyJudges have the right under the constitution to over turn law but we cant do it just because we dont like there there has to be some basis to itIt should not be a reason for us to intervene however they were in the decent in a series of cases emerged from the constitution to deal with the labour lawA yellow dog contract comes from the expression of youre a yellow dirty dogContract that employer said if you try to join a union I will fire youThe US court said that violates the constitutionSubstantive due process supreme court said this type of contract is not allowed
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