Supreme Court Case: Lochner V. New York

Lochner V. New York is Supreme Court landmark case, began in 1895 when the State of New York passes Bakeshop Act. This act is labor law regulating sanitary and working conditions in New York bakeries; “no employee shall be required or permitted to work in a biscuit, bread, or cake bakery or confectionary establishment more than sixty hours in any one week, or more than ten hours in one day.” Joseph Lochner who owned a bakery shop in Utica, New York was a Bavarian immigrant. Lochner was charged with violating the Bakeshop Act in 1899 since he let one of his employees to work for more than sixty hours in one week. Lochner was fined for fifty dollars. Two years later in 1901, Lochner was charged with the same violation once again, paying fifty dollars. This

Weismann argued Bakeshop Act violated the” Constitution’s protected of the liberty of contract, or an employer right to make a contract with his employee free from governmental interference,” (Nourse 2009). He also argued it was wrong “the treasured freedom of the individual should be swept away under the guide of the police power of the state,” (Nourse 2009). Also, the regulations violated the 14th Amendment due process Clause. Lochner won his case in the Supreme Court 5-4 decision that Bakeshop Act was indeed unconstitutional because it did not exercise state police powers. In my opinion, the Court agreed Bakeshop Act interfered with the right of contract between employers and employee and that “the general right to make a contract in relation to his business is part of the liberty of the individual protected by the Fourteenth Amendment of the Federal Constitution,” (Nourse 2009). It the right to contract one’s labor was a liberty of the individual protected by the US Constitution. The Court had said the states may have certain laws and regulations of labor contracts throughout police powers but not all