Lochner Era

The Lochner Era refers to a period in the late 19th and early 20th centuries, roughly from the 1890s to the 1930s, during which the U.S. Supreme Court, particularly in the case of Lochner v. New York (1905), played a significant role in striking down economic regulations, often on the basis of substantive due process and the liberty of contract. This article’s thesis is that the conventional account is based on presentist notions of right imposed upon the past.

Lochner Era

1. Table of Contents

   Toggle

   Lochner v. New York (1905):

   • The Lochner case centered around a New York state law that regulated the working hours of bakers.
   • The Supreme Court, in a 5-4 decision, struck down the law, asserting that it violated the Fourteenth Amendment’s Due Process Clause by infringing on the freedom of contract between employers and employees.

2. Judicial Activism and Substantive Due Process:

   • During the Lochner Era, the Court engaged in what is often described as judicial activism, striking down numerous state and federal laws regulating working conditions, wages, and other aspects of economic activity.
   • The Court relied on the doctrine of substantive due process, interpreting the Due Process Clauses of the Fifth and Fourteenth Amendments to protect not only procedural rights but also certain fundamental substantive rights.

3. Adkins v. Children’s Hospital (1923):

   • In Adkins v. Children’s Hospital, the Court continued its trend of striking down minimum wage legislation, arguing that it violated the liberty of contract.

4. Shift in Legal and Judicial Philosophy:

   • The Lochner Era reflected a broader shift in legal and judicial philosophy, with the Court showing a preference for laissez-faire economics and limited government interference in contractual relationships.

5. Economic and Social Context:

   • The Lochner Era occurred during a period of significant economic and social change, marked by industrialization, urbanization, and the rise of labor movements.
   • The Court’s decisions were seen by some as protecting the rights of employers and individuals to freely contract without government interference.

6. End of the Lochner Era:

   • The Lochner Era gradually came to an end in the 1930s with the Court’s acceptance of New Deal legislation. In West Coast Hotel Co. v. Parrish (1937), the Court upheld a minimum wage law, signaling a departure from the Lochner philosophy.

The Lochner Era remains a notable period in U.S. legal history, illustrating the tension between judicial review and democratic governance and influencing debates over the scope of constitutional protections for economic liberties.