Skip to content

Why liberals fear the ‘Lochner’ decision – George Will

09/08/2011

Liberal certitudes continue to dissolve, the most recent solvent being a robust new defense of a 1905 Supreme Court decision that liberals have long reviled — and misrepresented. To understand why the court correctly decided Lochner v. New York and why this is relevant to current arguments, read David E. Bernstein’s “Rehabilitating Lochner: Defending Individual Rights against Progressive Reform.”

Since the New Deal, courts have stopped defending liberty of contract and other unenumerated rights grounded in America’s natural rights tradition. These are referred to by the Ninth Amendment, which explicitly protects unenumerated rights “retained by the people,” and by the “privileges or immunities” and “liberty” cited in the 14th Amendment. Progressivism, Bernstein argues, is hostile to America’s premise that individuals possess rights that preexist government and are not fully enumerated in the Constitution. This doctrine stands athwart liberalism’s aspiration to erase constitutional limits on government’s regulatory powers.  […]

Read More at The Washington Post.

Advertisements
No comments yet

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s