Economic Liberty, Lochner v. New York (user search)
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  Economic Liberty, Lochner v. New York (search mode)
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Question: The ruling was...
#1
Constitutionally sound
 
#2
Constitutionally unsound
 
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Total Voters: 6

Author Topic: Economic Liberty, Lochner v. New York  (Read 1099 times)
Emsworth
Junior Chimp
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Posts: 9,054


« on: November 05, 2005, 03:27:04 PM »

The ruling was one of the most unsound ones the Supreme Court has ever made, being based on the highly suspect doctrine of substantive due process.
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #1 on: November 05, 2005, 04:20:58 PM »

Even now, U.S. law doesn't permit any cap on the maximum number of hours worked, but seeks to discourage such activities by instead creating disincentives for having enployees work overtime.  Even that is an example of how the government weakens labor unions by appropriating for itself the authority to secure better working conditions that should be left in the hands of private organizations.
I agree that caps on the number of hours one may work are bad ideas, but there is nothing in the Constitution that prohibits them.
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