Lochner v. New York

Holmes' Dissent

-Accuses the majority of judicial activism. -Holmes's view: There is no mention of "contract" in the Fourteenth Amendment but Justice Peckham connected the term "liberty" with "liberty of contract." This is Justice Peckham's philosophical understanding of liberty. He added that idea and interpreted the 14th Amendment when the Constitution itself does not mention it explicitly.

Legal Question and Decision

-Does this statute regulating the hours of bakers violate the Fourteenth Amendment? - 5-4 decision - Yes

Facts

-Joseph Lochner owned Lochner's Home Bakery in Utica, NY -NY passed a state law witch regulated working hours in bakeries due to health concerns. -Lochner permitted workers to work over sixty hours in one week in which he was fined. Lochner brought suit against N.Y. for violation of the 14th Amendment

Peckham's Opinion (Majority)

-The NY statute interferes with the right of contract between the employer and employees. -"The general right to make a contract in relation to his business is part of the liberty of the individual protected by the 14th Amendment of the Federal Constitution....The right to purchase or to sell labor is part of the liberty protected by this amendment..." -Peckham admits that there is an undefined power called "police powers" which regulate the" safety, health, morals, and general welfare of the public"

Harlan's Dissent

If the laws which the legislature made were not the wisest or best for a legitimate end, then the court cannot interfere. If there is a problem with the law, whoever questions it has the burden of proof (need to provide proof that the law is problematic/unconstitutional)