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The following section is to enter opinion authorship for each opinion part (concurrences, dissents, etc.).
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''Lochner vs. New York'', 198 U.S. 45 (1905). '''Dissent''' (Harlan, White & Day): *This today’s standard approach to economic legislation for the Sup. Ct. *Room for debate about the state’s interest in preventing more than 10 hours’ work per day. *Excessive work could impair the ability of workers to serve the state and provide for their dependents *The Court should not go further than to determine that such reasons for the law exist. **We should defer to the legislature to make such laws as long as there is a conceivable basis '''Dissent''' (Holmes): *Many comparably restrictive uses of the police power have been upheld by the Court. *The Constitution was not intended to embody a particular economic view, but was framed to permit expression of dominant opinions—that the laws reflect the people’s choices. **The legislature creates ideology **Law does not have to be neutral *The law is not clearly unrelated to public health and ought to be upheld. '''Modalities''': *Structural **Relationship of employers to employees **How that relationship is controlled by the state **“There must be more than the mere fact of the possible existence of some small amount of unhealthiness to warrant legislative interference with liberty”—Justification for this legislation v. Constitutional rights—Use of police power v. rights *Doctrinal **Precedent of recognizing the police power **Example: Holden v. Hardy *Prudential/Pragmatic **Is this legislation within the police power? **A decision to be decided by the court *Ethical **Characteristics of the baking profession do not require the state’s protection **Parts of the baking profession that can be regulated—bathrooms, drainage, plumbing, painting, etc. *Fundamental Rights/Positive Law **Freedom to contract '''Note''': The court saw a real difference between legislation about max. hours and min. wage in the scheme or regulations promoting health. Min. wage laws, yellow dog contracts, etc. were just market adjustments [[Category:Cases:Constitutional Law]]