02102009142038cA1RoB7HEw - -answer: 14 th amendment did not...

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--If a state has a law that says you may not own cars, the question is, does that deprive you of something? I. Does that deprive you of something? II. What is that something? a. Defamation of life, liberty, or property b. What constituens life, liberty, and property? i. This could mean everything c. Limiting principle Substantive Due Process—life, liberty, and property mean something Irdell—if the law is of proper form, then it is okay Deprivation—legislation beyond police powers LLP—Substantive Due Process Due Process of Law—adjudication of cases 1873: Slaughterhouse no substantive part I 1877: Munn public vs. private property; police powers -issue = grain elevators -old system: each farmer set up a stand and sell wheat but this wouldn’t work because now grain is coming in in huge amounts -Illinois: if you want a silo, you must deal with it in the same way -farmers said this was a depravation of a right to property
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Unformatted text preview: -answer: 14 th amendment did not prevent the State from regulating charges for use of a busienss’ grain elevators -question: could a private company be regulated in the public interest? -the court rules yes, if the private company could be seen as a utility operating in the public interest 1897—Algeyer Liberty of Contract 1905: Lochner -5 to 4-the most controverisal case prior to the 1950s -limited the hours of working bakers in New York-arguments: male bakers are not a weaker class & no public interest work they are doing is not unhealthful-Supreme Court ruled that the law was not necessary to protect the health of the bakers -must ask under what circumstances this law would be okay? -private labor 1908: Muller 1915: Coppage natural inequalities 1937: Parrish 1938: Carolene Products rational basis 1949: Lincoln...
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This note was uploaded on 04/06/2009 for the course POLI SCI 412 taught by Professor Staff during the Spring '08 term at University of Wisconsin Colleges Online.

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02102009142038cA1RoB7HEw - -answer: 14 th amendment did not...

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