Conventional wisdom holds that the Lochner Court illegitimately used
the Constitution's due process clauses to strike down Progressive
legislation designed to protect the poor and powerless against big
business. This book systematically examines all of the U.S. Supreme
Court's substantive due process cases from 1897 through 1937 and finds
that they do not support long-held beliefs about the Lochner Court.
The Court was more Progressive than commonly imagined, striking down
far fewer laws on substantive due process grounds than is generally
believed. The laws it overturned were not invariably social
legislation, and relatively few due process cases involved freedom of
contract. Moreover, Holmes, despite his reputation as a Great
Dissenter, joined many of the cases striking down government action.
The book attacks three familiar normative criticisms of the Lochner
Court. It accerts that (1) the Court's substantive due process
decisions almost certainly were not motivated by a conscious desire to
assist business by suppressing social legislation; only sometimes did
the justices' nostalgia for laissez-faire lead to this result; (2) the
conservative justices' understanding of business and government often
exceeded that found in the typical Brandeis Brief; and (3) most
applications of Lochner-era substantive due process cannot readily be
described as illegitimate assertions of judicial power lacking
justification in the due process clauses.
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Substantive Due Process from the 1890s to the 1930s
Produktdetaljer
ISBN
9780313000768
Publisert
2023
Utgave
1. utgave
Utgiver
Vendor
Praeger
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter