The New Deal

AP US History· difficulty 4/5

"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

Holmes' position effectively prevailed by what later moment?

  • A

    The Court's 1895 income-tax ruling

  • B

    Schenck v. United States, 1919

  • C

    The Insular Cases of 1901

  • D

    The 1937 'switch in time' upholding New Deal labor legislation

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Explanation

West Coast Hotel v. Parrish (1937) upheld minimum-wage law and effectively ended Lochner-era jurisprudence, vindicating Holmes' deference.

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