civics 264 The following question refers to the passages below, taken from the Supreme Court's ma...

Question

The following question refers to the passages below, taken from the Supreme Court's majority opinion and Justice Harlan's dissent in the case of

Lochner

v.

New York

(1905). In this case, the state of New York had passed a law that limited the number of hours that an employee of a bakery could work to no more than sixty hours a week. Lochner was a baker who challenged the constitutionality of the law in the courts.

The statute necessarily interferes with the right of contract between the employer and employees.... The general right to make a contract...is part of the liberty of the individual protected by the Fourteenth Amendment.... Under that provision, no State can deprive any person of life, liberty, or property without due process of law. The right to purchase or sell labor is part of the liberty protected by this amendment....

- Justice Peckham, delivering the majority opinion of the Court

It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakeries.... The statute must be taken as expressing the belief of the people of New York that, as a general rule, labor in excess of sixty hours a week...may endanger the health of those who thus labor.... Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution.

- Justice Harlan, in his dissenting opinion

Which of the following arguments supports the majority decision?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    The law should be applied to all people equally, without regard to race, creed, or color.
  2. B
    Correct Answer
    Government should play as small a role as possible in civil society and the economy.
  3. C
    Correct Answer
    The Supreme Court should never overturn state laws, since these tend to reflect the will of the majority.
  4. D
    Correct Answer
    There are times when the government will know what is best for individuals, even though the individuals may not agree.
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