SDP: way for the court to reign in state power through the constitution Allgeyer v. Louisiana involved Louisiana law that prohibited obtaining insurance on Louisiana property any marine insurance company which has not complied in all “from respects” with Louisiana law For the first time, the court invalidated a state law on substantive due process grounds Holding: A state may not legislate in such a way as to deprive its citizens of liberties guaranteed by the Due Process Clause of the United States Constitution (Constitution). Reasoning: improper and illegal interference with the conduct of a citizen’s right to contract and carry out the terms of the contract. Lochner Era Cases: Lochner, Adkins, Adair, Williams Question whether rights over specifically mentioned and protected by the constitution unenumerated rights are of such magnitude that they are – – protected because they are encompassed within the constitution’s concepts of liberty and property without being specifically listed in the constitution (1905) Lochner v. NY Facts: The Bakeshop Act was a New York state labor law which prohibited bakery employees from working for more than sixty hours per week or ten hours per day (didn’t want immigrants getting ahead too much) Issue: What is the test for determining whether legislation which seeks to impose restrictions upon an individual’s general right to make a contract in relation to his business is not invalid under the Due Process Clause of the Fourteenth Amendment? Holding: Act was an unconstitutional abridgement to the liberty to contract and a violation of due process; court must determine whether the legislation is a or fair, reasonable and appropriate exercise of the police power of the State, an unreasonable, unnecessary and arbitrary interference with the right of the individual to enter into a contract related to his business. Relationship Requirement” : fair, reasonable, appropriate exercise “Rational of police Want to protect economic rights, majority in Lochner aligns with dissent in Slaughterhouse 9th amendment issue- incorporation of the 9th amendment, nothing in constitution about hours and baker restrictions so shouldn’t be protected, is there something beyond the literal language of the constitution J. Holmes: don’t use constitutional interpretation as a way to incorporate economic theories of the day Calder v. Bull Court rejected an attack on a CT legislative act setting aside a probate court decree that refused to approve a will Issue: Whether a federal court can nullify a state statute for violation of Article 1, Section 10 of the constitution, which prohibits the passage and application of retroactive laws.
SDP: way for the court to reign in state power through the constitution Allgeyer v. Louisiana involved Louisiana law that prohibited obtaining insurance on Louisiana property “from any marine insurance company which has not complied in all respects” with Louisiana law For the first time, the court invalidated a state law on substantive due process grounds Holding: A state may not legislate in such a way as to deprive its citizens of liberties guaranteed by the Due Process Clause of the United States Constitution (Constitution). Reasoning: improper and illegal interference with the conduct of a citizen’s right to contract and carry out the terms of the contract. Lochner Era Cases: Lochner, Adkins, Adair, Williams Question whether rights over specifically mentioned and protected by the constitution – unenumerated rights – are of such magnitude that they are protected because they are encompassed within the constitution’s concepts of liberty and property without being specifically listed in the constitution Lochner v. NY (1905) Facts: The Bakeshop Act was a New York state labor law which prohibited bakery employees from working for more than sixty hours per week or ten hours per day (didn’t want immigrants getting ahead too much) Issue: What is the test for determining whether legislation which seeks to impose restrictions upon an individual’s general right to make a contract in relation to his business is not invalid under the Due Process Clause of the Fourteenth Amendment? Holding: Act was an unconstitutional abridgement to the liberty to contract and a violation of due process; court must determine whether the legislation is a fair, reasonable and appropriate exercise of the police power of the State, or an unreasonable, unnecessary and arbitrary interference with the right of the individual to enter into a contract related to his business. “Rational Relationship Requirement” : fair, reasonable, appropriate exercise of police Want to protect economic rights, majority in Lochner aligns with dissent in Slaughterhouse 9th amendment issue- incorporation of the 9th amendment, nothing in constitution about hours and baker restrictions so shouldn’t be protected, is there something beyond the literal language of the constitution J. Holmes: don’t use constitutional interpretation as a way to incorporate economic theories of the day Calder v. Bull Court rejected an attack on a CT legislative act setting aside a probate court decree that refused to approve a will Issue: Whether a federal court can nullify a state statute for violation of Article 1, Section 10 of the constitution, which prohibits the passage and application of retroactive laws.
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