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Lochner Era
The ''Lochner'' era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from '' Lochner v. New York'' (1905) but may be said to begin with '' Allgeyer v. Louisiana'' (1897) and to end with the overturning of a ''Lochner''-era decision in '' West Coast Hotel Co. v. Parrish'' (1937). The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes invalidated state and federal legislation that inhibited business or otherwise limited the free market, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner
''Lochner v. New York'', 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court holding that a New York State statute that prescribed maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution. The decision has since been effectively overturned. The case began in 1899 when Joseph Lochner, a German immigrant who owned a bakery in Utica, New York, was charged with violating New York's Bakeshop Act of 1895. The Bakeshop Act had made it a crime for New York bakeries to employ bakers for more than 10 hours per day or 60 hours per week. He was convicted and ultimately appealed to the U.S. Supreme Court. A five-justice majority of the Supreme Court held that the law violated the Due Process Clause, stating that the law constituted an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract". Four dissenting justices rejected that view, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laissez-faire
''Laissez-faire'' ( , from , ) is a type of economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies or regulations). As a system of thought, ''laissez-faire'' rests on the following axioms: "the individual is the basic unit in society, i.e., the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." The original phrase was ''laissez faire, laissez passer'', with the second part meaning "let (things) pass". It is generally attributed to Vincent de Gournay. Another basic principle of ''laissez-faire'' holds that markets should naturally be competitive, a rule that the early advocates of ''laissez-faire'' always emphasized. The Physiocrats were early advocates of ''laissez-faire'' and advocated for an ''impôt unique'', a tax on land rent to replace the "monstrous and crippling net ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ''Brown v. Board ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workers' Compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers. While plans differ among jurisdictions, Provision (contracting), provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functionin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David E
David (; , "beloved one") was a king of ancient Israel and Judah and the third king of the United Monarchy, according to the Hebrew Bible and Old Testament. The Tel Dan stele, an Aramaic-inscribed stone erected by a king of Aram-Damascus in the late 9th/early 8th centuries BCE to commemorate a victory over two enemy kings, contains the phrase (), which is translated as " House of David" by most scholars. The Mesha Stele, erected by King Mesha of Moab in the 9th century BCE, may also refer to the "House of David", although this is disputed. According to Jewish works such as the '' Seder Olam Rabbah'', '' Seder Olam Zutta'', and '' Sefer ha-Qabbalah'' (all written over a thousand years later), David ascended the throne as the king of Judah in 885 BCE. Apart from this, all that is known of David comes from biblical literature, the historicity of which has been extensively challenged,Writing and Rewriting the Story of Solomon in Ancient Israel; by Isaac Kalimi; pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Power (United States Constitutional Law)
In United States constitutional law, the police power is the capacity of the states and the federal government to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the federal government are reserved to the states or to the people. As a result, the police power is primarily concentrated within state governments, while the federal government possesses it in limited contexts where it has an express power, such as over conduct occurring within the territories of the United States and activities related to interstate commerce. Police power is exercised by the legislative and executive branches of the various states through the enactment and enforce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lobbying
Lobbying is a form of advocacy, which lawfully attempts to directly influence legislators or government officials, such as regulatory agency, regulatory agencies or judiciary. Lobbying involves direct, face-to-face contact and is carried out by various entities, including individuals acting as Voting, voters, constituents, or private citizens, corporations pursuing their business interests, nonprofits and Non-governmental organization, NGOs through advocacy groups to achieve their missions, and legislators or government officials influencing each other in legislative affairs. Lobbying or certain practices that share commonalities with lobbying are sometimes referred to as government relations, or government affairs and sometimes legislative relations, or legislative affairs. It is also an Industry (economics), industry known by many of the aforementioned names, and has a near-complete overlap with the public affairs industry. Lobbyists may fall into different categories: amateur lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
