PSCI 3322 Study Guide - Final Guide: Lochner V. New York, Contract Clause, Sodium Hydride
27 Jan 2017
School
Department
Course
Professor
Document Summary
If it is and it deals with an economic matter, then it probably is!! Monks in louisiana who were making handmade wooden caskets, they got in trouble because the state government said no one can sell caskets in la unless they have an embalming license. So b4 u can sell caskets, you gotta embalm 30 bodies monk"s hadn"t so technically breaking the law. Yes it"s affecting your right to sell a product and work in a lawful occupation. This was how this order of monks was making a living. It involves their liberty to sell their product without interference of the government. After parrish 1937 and 1938 footnote 4 in carolene, the court basically said, even if there are stupid laws that interfere with your economic liberty, we aren"t gonna rule on it! Even today at the scotus level, the court does not use substantive due process to strike down stupid economic laws.
