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Wednesday, September 29, 2010
Lochner vs. New York is a Substantive Due Process Case not a Contracts Clause Case
In the law school case books, and in the West Key Number Head Notes, the United States Supreme Court Case of Lochner vs. New York, 198 U.S. 45 (1905), is reported wrongly, to be a Contracts clause case, which involves Article I, Section 10, of the United States Constitution (the Contracts Clause). However, if you read the original United States Supreme Court Opinion in Lochner vs. New York, Lochner was a Substantive Due Process Clause case involving the 14th Amendment, Substantive Due Process Clause. Lochner states that the Natural Right of Liberty, found in the Declaration of Independence, cannot be limited, except in accordance with reason, following Grotius, Magna Charta, and Natural Law. Thus, the United States Supreme Court, in Lochner, states that the constitutional standard for upholding the validity of a law which impinges upon the Liberty interest of an individual person, such as the right to contract with an employer, for employment, must be in accordance with reason. Thus, the Court in Lochner states that for any law to be valid, it must involve a direct relationhship to an end which is reasonably related to a legitimate state interest. Thus, it is obvious that, under Lochner, it is an unconstitutional violation of Substantive Due Process to interfere with the mentally ill, or ethnic or racial minorities, in contracting for employment, by enacting a minimum wage law which provides a lower wage for the mentally ill, or for ethnic or racial minorities. Obviously, if a person is good enough to do the work, the person is good enough to get paid the same as anyone else doing the same work. This also means that all guardianship laws, especially "professional guardianships" are unconstitutional under Substantive Due Process. Put another way, Substantive Due Process prohibits a "Badge of Slavery." This follows the legal principle, set forth in Lochner, that it is unconstitutional for a state law to unreasonably interfere with the Liberty interest, of each person, to have the power to contract for employment, or enter into any other type of contract. All guardianships are unconstitutional "Badges of Slavery," which violate the Declaration of Indpendence, Natural Law, and Magna Charta. That any "Badge of Slavery" is unconstitutional and illegal in the United States is confirmed by the Treaty between the United States and Great Britain, ending the War of 1812, which required to United States to begin the process of ending Slavery.
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