POLI2327 Lecture Notes - Lecture 17: Income Tax, Childrens Hospital, Brandeis Brief
1 Apr 2014
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Lochner v. ny: strike down law regulating bakers" hours, saying it"s not a health and safety law. Raises question: recent efforts to revive case as a good decision do this by arguing that justice peckam was right. Argument from the descent (harlan: sets up a new test for judicial review that argues for judicial restraint, the court should never strike down a law unless it is absolutely clear it is contrary to the constitution. If the numbers are always gonna win in the long run . why bother with judicial review: make it easier to override judicial review teddy roosevelt. Make it easier to amend the constitution, change article 5: others will argue for supermajority requirements. Liberty of contract argument you have the fundamental right to bargain with your employer about terms of your employment: if government doesn"t allow this, restricting fundamental freedom that caused civil war (slavery no liberty of contract)
