Conventional wisdom holds that the "Lochner" Court illegitimately used the Constitution's due process clauses to strike down Progressive legislation designed to protect the poor and powerless against big business. This book systematically examines all of the U.S. Supreme Court's substantive due process cases from 1897 through 1937 and finds that they do not support long-held beliefs about the "Lochner" Court. The Court was more Progressive than commonly imagined, striking down far fewer laws on substantive due process grounds than is generally believed. The laws it overturned were not...
Conventional wisdom holds that the "Lochner" Court illegitimately used the Constitution's due process clauses to strike down Progressive legislatio...