Lochner Vs. New York: A Labor Law Case

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In short, Lochner vs New York is a labor law case, however it brings up the question of when the line should be drawn with judicial action, the interpretation of the 14th amendment, and how our constitution should be viewed. Joseph Lochner is the owner of a bakery in New York and he is charged with violating New York’s Bakeshop Act. The Bakeshop Act was enacted unanimously through New York legislation in 1895 to protect bakers. Bakers worked in dreadful conditions and often worked extensive hours. The Bakeshop Act prohibits bakers from working more than 10 hours a day and 60 hours a week, furthermore it improved working conditions for bakers. On Lochner’s first offence he was charged with allowing a worker to work more than the legal limit …show more content…

Mr. Lochner argued the Bakeshop Act was unconstitutional and violated the 14th amendment. Judicial action is used in this case by overruling New York law. The interruption of the Constitution is in regards to the due process clause. The majorities opinion was that Bakeshop Act violated the liberty and the right to contract presented in the 14th amendment. I respectfully disagree with the majorities decision and the Bakeshop Act is not unconstitutional and all criminal conviction should be upheld.

The majorities main objection with the Bakeshop Act is the act violates the liberty protected by the Fourteenth amendment. The text examined by the majority is “No State shall make or enforce any law which shall abridge the privileges or munities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (The United States Constitution Amendment Fourteen).” The 14th amendment does not state anything about the right to contract, all it says is the state shall not deprive any person of liberty. The majority took that liberty mentioned and ran with it to offset the Bakeshop Act. It would be silly if I …show more content…

We live in a democracy and the people of New York through a democratic system enacted the Bakeshop Act unanimously in order protect bakers who were working long hours and in unsafe conditions. Justices are not elected by the will of the people, by overturning the Bake Shop act the majority is essentially undermining democracy. The beautiful thing about democracy is regardless of the time it can always take care of current values. We live in a country that is ruled by the laws and not men. The founders set it up this way, so having justice’s rules without the democratic process goes directly against the way our country was

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