Class Notes (834,541)
United States (323,821)
Boston College (3,565)
POLI 2327 (25)
All (25)
Lecture 16

Complete Lecture 16 Notes

5 Pages
Unlock Document

Political Science
POLI 2327
All Professors

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
More Less

Related notes for POLI 2327

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.