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Lecture 28

GOV 312L Lecture 28: Gov 312L – Parrish and Liberty vs. Community– 2.7B

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GOV 312L
Christina Bambrick

Gov 312L Parrish and Liberty vs. Community 2.7B West Coast Hotel V. Parrish Lochner era o 19051937 o Great depression started towards the midend of the era o Court was striking down a lot of FDRs laws Judges didnt want economic regulations 1937: West Coast Hotel V. Parrish o Myth: Switch in time that saved the night o People say it happened in months leading up to case o Justice Roberts was siding with judges like Peckham In favor of broad freedom o Seemingly overnight, he switched sides Started siding with HarlanHolmes o Why would he switch like this? Some think it was intellectual decision Some think it was due to FDRs decision to pack the court Pack the court o Increase number of judges to 15 from 9 o Force judges to retire earlier o Facts Parrish Suing West Coast Hotel for not giving her minimum wage o Justices Lots of precedent to confront Lots of cases that say we cant have economic regulation This is recognized by Justice Hughes If court wants to rule differently, they have to state why all those previous cases are wrong o Justice Hughes: Deprivation of liberty is necessary th Brings us back to a more procedural understanding of due process14 amendment Yes, we have rights but we also have procedures When necessary for good of community, we can pass limits Liberty requires protection of law Liberty under const. is thus subject to due process We must think about liberty in the context of community Community might limit liberty in some cases but community also gives liberty meaning There are conflicting interests, we have to recognize that employees are at a disadvantage Unequal bargaining power Min. wage is in the public interest
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