PSC 2302 Lecture Notes - Lecture 18: James Clark Mcreynolds, Lochner Era, Endangerment
3 Dec 2020
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Case raises the question of if this law in nebraska interferes with the rights of parents to oversee their children"s education as well as if it deprives teachers of language of their liberty of contract. Justice mcreynolds makes reference in his opinion to discuss how the state can go a long way to cultivate proper citizens: this includes mandating that they go to school. Americanism: particular sense of legislature allows for the teaching of ancient languages, and only arbitrarily restricts modern ones. Case is often upheld as one of the early standards of substantive due process: particularly because the court allowed substantive due process and the due process clause to be applied in protecting noneconomic private rights. Background of the case: state of oregon mandated that children between the ages of 8-16 had to be sent to public school, this law was driven by an anti-foreign sentiment, specifically a religious in nature, anti-
