23.lochner - Constitutional Law Professor Chesney Class 23...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Constitutional Law Professor Chesney Class 23 1.Using judicial review to strike down legislation on the ground that it unreasonably interferes with economic liberties (under the rubric of protecting “due process”)- locating protection for economic rights in the terms “liberty” and “property” within the 14 th Amendment Due Process Clause- what did “reasonableness” review entail? 1.Lochner v. New York 1.Judicial Review used to limit federal legislation intervening in economic life- Intrastate vs Interstate (and the role of categorical distinctions) The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power 1877 – Munn v. Illinois The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power 1877 – Munn v. Illinois – Courts will not scrutinize justification for a price cap if the economic activity in issue impacts the general public, but they might strike down legislation attempting to regulate purely private economic affairs. The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power 1877 – Munn v. Illinois – Courts will not scrutinize justification for a price cap if the economic activity in issue impacts the general public, but they might strike down legislation attempting to regulate purely private economic affairs. 1886 – Railroad Commission Cases The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power 1877 – Munn v. Illinois – Courts will not scrutinize justification for a price cap if the economic activity in issue impacts the general public, but they might strike down legislation attempting to regulate purely private economic affairs. 1886 – Railroad Commission Cases – Another “rate cap” upheld, but this time CJ Waite warns that not just any rate cap would be tolerated (implying substantive judicial scrutiny of the reasonableness of the rate cap) The Shift From a Deferential Posture to Intrusive Judicial Review of the Justification for Using the Police Power 1877 – Munn v. Illinois – Courts will not scrutinize justification for a price cap if...
View Full Document

This note was uploaded on 03/18/2010 for the course TOR 99552 taught by Professor Dopamine during the Spring '10 term at Abilene Christian University.

Page1 / 23

23.lochner - Constitutional Law Professor Chesney Class 23...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online