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.

The United States Constitution and Natural Law Protects Academic Freedom

The United States Constitution and Natural Law protects Academic Freedom for each person. Magna Charta and the Declaration of Independence each guarantee that each person has a Natural Right to Liberty, and thus, Academic Freedom, following Natural Law, which is based upon reason. Where there is state action under color of state law, which there is in any universtiy, especially in a law school, each professor's Liberty interest, guarantees that professor's Academic Freedom under the Substantive Due Process clauses of the 5th and 14th Amendments. Thus, in the faculty review process, and in the law school or university tenuring process, and then after tenure, each faculty member is entitled to the protections of Substantive and Procedural Due Process. Thus, as long as what the professor writes or teaches is in accordance with reason, then the professor must be rewarded, and cannot be punished or fired. In regard to the foregoing, reason is defined as a composite of love, logic, and intuition. Love is defined as a postive feeling going outward. Logic is defined as the use of those logic rules which do not violate the basic Cogntive Psychology, Concrete Logic rule of avoiding a logical contradiction. Finally, intuition involves high speed, alinear, analogical thought processes, which manifest in the person's preconsious mind, or unconscious mind, and which, can go "quantum" and involve quantum non-locality, at a distance.