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Lecture 26

GOV 312L Lecture 26: GOV 312L -Economic due process- 2.8B

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University of Texas at Austin
GOV 312L
Christina Bambrick

GOV 312L Economic due process 2.8B Economic due process Court adopted laissezfaire economic theory of the constitution based on the idea that property and contract rights were central to personal autonomy and personhood This era aka Lochner era o Started with Lochner v. NY o Ended with West Coast Hotel v. Parrish in 1937 Lochner v. NY o Lochner: baker o Creates contract with employees to let them work a certain number of hours o NY thought this was abuse of employees rights, passed labor laws o SC: state of NY cannot pass those laws because it infringed freedom of contract o Justice Peckham: opinion of the court This is not a reasonable limitation This is a right included in due process clause of const., that it needs to be protected o Justice Harlan and Holmes: Employer has more power than employee, so NY needs to pass the law to help level power of employee Holmes: We need to follow majoritarian process Need to respect democratic process West Coast Hotel V. Parrish o End of Lochner era o Justice Hughes Implemented a lot of Harlan and Holmes points There is not equal bargaining power We need to focus on employees, give them protections Without protections, they are at an unfair advantage We are democracy, need to refer to state and national legislatures (reiterates Holmes) o Justice Sutherland There are certain rights in due process clause that we have to protect Court needs to show that whatever laws they are passing are Justice Stones footnote 4 US v. Carolene Products o Facts of case are not important Provided justification for such noneconomic rights protections Argued that court is sometimes justified in striking down legislation, or at least in holding it to a higher standard There are certain instances where court is justified in striking down a law There are 3 paragraphs o Last 2 paragraphs go beyond the scope of case but he gets them on courts agenda
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