My Favorite Case We Went Over In Constitutional Law This

1102 WordsMay 4, 20175 Pages
My favorite case we went over in constitutional law this year is Lochner v. New York because of the display of power by the justices joined in the majority and the fervent dissent countering their reasoning. I have described Lochner above in the context of the Commerce clause above but my focus for this question is the case in context of the Substantive due process section of the class. The substantive due process clause deals with the law itself and not the process, substantive rights are protected under the Due Process Clause. This clause has come to encompass more and more rights, such as abortion, the right to die, and many other. “No state shall deprive any person of life, liberty or property, without due process of law” (U.S. Const.…show more content…
The general right to make a contract in relation to business is protected by the 14th amendment because it was read into “liberty” of the due process clause. Justice Peckham established that “The right to purchase or to sell labor is part of the liberty protected by this amendment, unless there are circumstances which exclude the right” (Lochner 809). The court found that the right to contract was a fundamental liberty, expanding the mean of that word to something more than just bodily freedom. A reason I think this is one of my favorite case is because this is one of the earlier cases of Judicial Activism. I tend to agree with Holmes’ dissent more because he argues that the constitution should not be used to limit governmental regulation under the guise of the 14th amendment to promote a Laissez-fair form of economics. “But a constitution is not intended to embody a particular economic theory, whether or paternalism and the organic relation of the citizen to the state or laissez-fair” (Lochner 813). He states that “Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion….” (Lochner 813). He disagreed with the majority Justice’s conclusion that creates law from the bench. It is the job of the legislature to create laws

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