"The Constitution does not give to members of the Court the right to read into the Constitution their own social and economic philosophy. The argument that the Constitution prohibits this legislation rests upon a theory of due process which the framers of the Fourteenth Amendment never imagined. Hours of labor are a proper subject for legislative regulation." — Justice Holmes, dissent in Lochner v. New York, 1905
Holmes' dissent attacked which judicial doctrine?
- Acheck_circle
Substantive due process protecting 'liberty of contract'
- B
Federal preemption of state law
- C
Judicial review of presidential vetoes
- D
Incorporation of the Bill of Rights
Explanation
The Lochner majority struck New York's bakery hours law under "liberty of contract"; Holmes warned the Court was reading laissez-faire into the Constitution.