Economic Substantive Due Process

What did the Supreme Court rule in Williamson v. Lee Optical (1955) regarding economic regulations?

Legislatures, not courts, must decide the wisdom and necessity of economic laws.

What did Justice Bradley's dissent in the Slaughterhouse Cases (1873) articulate?

A pro-business interpretation of the Fourteenth Amendment that later dominated the Court.

How did the Supreme Court rule on substantive due process in the Slaughterhouse Cases (1873)?

It completely rejected a substantive due process interpretation of the Fourteenth Amendment.

What did the Court do in Chicago, Milwaukee & St. Paul Railway v. Minnesota (1890)?

It struck down state regulation based on due process claims.

What national climate influenced the decision in West Coast Hotel v. Parrish (1937)?

The Great Depression's societal pressures and FDR's court-packing threat.

How did the Court justify moving away from substantive due process in West Coast Hotel?

States have police power to protect the health and stability of vulnerable workers.

True or False: Nebbia v. New York (1934) represented the decisive return of substantive due process.

False

What is the difference between procedural and substantive due process?

Procedural concerns the means of government action; substantive concerns the goals.

True or False: After Williamson, the Court continued to accept substantive due process attacks on economic policies.

False

True or False: The Court upheld Adkins v. Children's Hospital in West Coast Hotel v. Parrish.

False

True or False: In Mugler v. Kansas (1887), the Court adopted economic substantive due process and invalidated the law.

False

What quote characterizes the Court's ruling in West Coast Hotel v. Parrish (1937)?

"Liberty under the Constitution is thus necessarily subject to the restraints of due process…"

True or False: In Nebbia, Justice Roberts argued states may regulate for public welfare.

True

What was the "Brandeis Brief" filed in Muller v. Oregon (1908)?

A brief relying heavily on scientific, medical, and social data rather than legal precedent.

What distinguished the decision in Slaughterhouse Cases (1873) from Munn v. Illinois (1877)?

Slaughterhouse represented a complete rejection of the due process claim.

True or False: The Court suggests jury award ratios exceeding 10-to-1 lose their presumption of validity.

True

What modern issue has seen a renewed application of economic substantive due process?

Excessive jury awards and punitive damages.

In the post-1936 era, what has substantive due process served as the litigation basis for?

Punitive damages awarded by juries and abortion.

True or False: Many scholars call Lochner v. New York the Court's weakest expression of economic substantive due process.

False

True or False: The Four Horsemen favored laissez-faire economic policies based on traditional conservative perspectives.

True

True or False: Roosevelt's election indicated public desire for government action during the Great Depression.

True

What concept did Justice Peckham enjoin with substantive due process in Allgeyer v. Louisiana (1897)?

Liberty of contract

True or False: The Brandeis Brief was comprised primarily of traditional legal arguments.

False

True or False: In Chicago, Milwaukee, the Court applied Mugler standards despite striking down the regulation.

True