''Coppage v. Kansas'', 236 U.S. 1 (1915), was a Supreme Court of the United States case based on

United States labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

that allowed employers to implement contracts—called

yellow-dog contract A yellow-dog contract (a yellow-dog clause of a contract, also known as an ironclad oath) is an agreement between an employer and an employee in which the employee agrees, as a condition of employment, not to be a member of a labor union. In the ...

s—which forbade employees from joining unions. The case was decided in the era prior to the Great Depression, when the Supreme Court invalidated laws that imposed restrictions on contracts, especially those of employment. The liberty of contract became viewed as a

fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustai ...

that could be abridged only in extreme circumstances; abridgments violate the Due Process Clause of the Fourteenth Amendment.

Background

Coppage, an employer, forbade his employees from joining labor unions by making it part of their contract, which the employee signed before being hired. That violated a

Kansas Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to th ...

law that prohibited such contracts.

Decision

The majority opinion was written by Justice Pitney. It held that the law prohibiting such contracts violated Coppage's due process rights, as the government did not have a responsibility to prevent

inequality of bargaining power Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power ...

: He concluded that a state in the exercise of its police power did not have the right to redress imbalances of bargaining power and that requiring a man to give up the right to be in a union as a condition of employment does "not to ask him to give up any part of his constitutional freedom."

Dissents

Justice Holmes wrote a dissent in which he called again for ''Lochner'' to be overruled and stated that the Constitution does not specifically prohibit a law like the one Kansas had and so it should be upheld: Justice Day's dissent would have affirmed the liberty of contract against arbitrary legislative restraints but deferred more to the legislature on the question of whether the law upheld the public welfare. He also argued, "A man may not barter away his life or his freedom, or his substantial rights."

External links

* * {{US14thAmendment, Due Process, state=expanded United States Supreme Court cases United States Supreme Court cases of the White Court 1915 in United States case law History of labor relations in the United States United States substantive due process case law 1915 in the United States United States labor case law

Background

Decision

Dissents

See also

Further reading

External links