The Progressives

AP US History· difficulty 3/5

"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

The "Lochner era" struck down state laws like the one challenged here primarily affecting

  • A

    Election ballot designs

  • B

    Public health quarantines

  • C

    Maximum hours and minimum wages for workers

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  • D

    Tariff schedules

Explanation

During Lochner-era jurisprudence (roughly 1897-1937) the Court struck many state economic regulations, including hours and wage statutes.

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