SOCI 3823 Lecture Notes - Lecture 8: California Coastal Commission, Lochner Era, Lochner V. New York
13 Dec 2017
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Fifth amendment - takings clause - private property cannot be confiscated without proper compensation. History - during the revolutionary war, british soldiers would seize homes to house other soldiers. Challenges statute limiting maximum hours bakers could wor. Purpose was to prevent injuries in harsh working conditions. Bakers argues that this was taking the value of their business away. Limit of contract - limiting - unconstitutional . Sneaky way for people in power to make their terms of employment because employees did not have the luxury to find a job elsewhere if they disagreed with the terms. Limiting is okay if it adds to public welfare (open to interpretation) Pretty much any progressive legislation was undone during this time. Invalidate laws that protect labor as unconstitutional interference with liberty of contract in private property. Deprivation or property without due process was the equivalent of, if not in fact, a taking. Constrained statutes and regulations that reduced and redistributed economic value.
