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Lecture 16

Complete Lecture 16 Notes

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Department
Political Science
Course
POLI 2327
Professor
All Professors
Semester
Fall

Description
10/29/13 Lecture 16 • Lochner v. NY (1905) o Being rethought • The Gilded Era = period in which the Supreme Court puts itself at the center of constitutionalism of the US o Become very powerful  Rights of the majority to embed their positions vs. the court’s ability to strike them down • Counter-majoritarian difficulty – supposedly this problem that laws are passed by majorities of elected legislatures. Judges are unelected and appointed for life. Question of the majority vs. the courts. o the term ‘judicial review’ was created during this time o see the beginning of “Constitutional Theory”  When is it constitutional to strike down a law and when is it not constitutional? • Substantive understanding of fundamental rights o Democracies are supposed to rule but cannot pass laws that violate your fundamental rights th  Privileges and immunities clause and due process clause of 14 amendment protect fundamental rights • In Slaughterhouse, the Supreme Court upholds the right of Louisiana o Munn upholds the right of Illinois • Social/Political movements o 1) Farmer (Populist) o 2) Labor o 3) Progressive o 4) Women • Laws against Yellow Dog contracts o Employers made potential workers sign a statement that they would never be involved in or organize a labor  Labor movements protested this obviously • Payment in Script – will pay workers in coupons instead of money, that are good for purchasing company goods from the company store, rent from company housing, company clothing • Labors = no yellow dog contracts, no payment in script, 8 hour working days, etc. • Moral reform  prohibition – make people better by keeping them sober • Women’s movement = right to vote, special protective legislation (since women are seen as fragile/different from men) • Courts are newly empowered in striking down laws that violate fundamental rights • Does the federal government have ability to pass legislation under Commerce clause, clashes of police powers of the states o If legislature DOES have the power to enact the law, there will be the question of if the power violates a fundamental right  MAIN ISSUES – regulatory powers (do they exist?) and rights • Treatises – Blackstone and Justice Story’s treatise o Books that say the meaning of the constitution  Treatise on Constitutional Limitations –Thomas Cooley • Cooley = libertarian conservative  expresses Justice field’s views, skeptical of government to regulate, protective of individual rights o Applies this aggressively to property rights o Pro free speech and liberty rights and rights of
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