PSCI 3322 Lecture Notes - Lecture 34: Minimum Wage Law, Judicial Restraint, Fourteenth Amendment To The United States Constitution
25 Jan 2017
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Arbitrary judicial policy making in the supreme court. Maximum hours law for bakers interferes with right of contract which is part of liberty in due process clause. States have a police power, but regulation must be reasonable. In the case of bakers, it is not: maximum hours for bakers does not help the public or bakers. Bakers have a right to work however many hours they want without government interference. It is an unreasonable interpretation of liberty: worker who bakes bread for 60 hours a week is the same as. 100 hours: not a health interest, it is just bread, baker is an unhealthy occupation. Ignored because bakers have a right to work as many hours as they can. Substantive due process: this law is unreasonable interference with one"s liberty to work x hours. This can be seen as a reasonable law. Can be seen as a reasonable law. Majority is basing its opinion on social darwinism.
