Arnold Williams (notebuyer) wrote,
Arnold Williams

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Ignorance, Historical Ignorance

The Atlantic also wants to attack Judge Brown, I see: and on the grounds that she favors "freedom of contract"! Let's see this in action, shall we?

Some background: What lawyers call "Lochnerism" was the basis for dozens of decisions striking down minimum-wage, maximum-hours, and other worker-protection laws as infringing "freedom of contract"—a right that, as Bork has put it, can be found "nowhere in the Constitution." Almost all modern constitutional scholars have rejected Lochnerism as "the quintessence of judicial usurpation of power," in Bork's words.

Bork ought to know better. Dartmouth College v. Woodward, a case argued by Daniel Webster, is reasonably well known to most who have studied American history. I encourage you to follow the link, and meditate on the impairment of the obligation of contract (which is found in Article 1, Section 10, Clause 1, for Mr. Bork's reference).

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