Chapter 6 Economic Liberties Economic rightsconstitutional rights concerning the ability to enter into and enforce contracts; to pursue

e a trade or profession; and to acquire, possess, and convey property. Due process and equal protection has to be violated by state action People have right to life, liberty, and property. 2 types of due process !. procedural the procedure that an entity must due to ta"e a#ay life, liberty, or property 2. substantive the adequacy of the government$s reason; gov$t can$t ta"e a#ay those things #ithout proper %ustification &hen there$s state action, as" 'o# much of federalism has reserved the right of the state to act( ) themes !. *he liberty interest of the due process clause protects rights especially freedom to contract. +iberty in prop deals #, right to trade and bi2. .tate may only infringe liberty to achieve valid police purpose public health, safety, morals /alcohol, se0, quarantine1for public health reasons2 ). .tate regulation must be necessary to achieve the police purpose; based on a heightened,strict scrutiny test i.e., it me necessary,indispensable to achieve the goal. 3Lochner v. New York pg. 456 4ight to 5 67* in constitution8 +a# and labor la#s for children; 5 of labor bet#een t#o private parties 4ight to contract is regulated by state /cannot 5 for illegal purpose2 9s right to 5 a life, liberty or property( :E. a property interest. &hy property( 5s of employment are property rights bec, you$re selling something services and this is property ;ut gov$t has an interest to govern 5s theory to limit is an e0ercise of the police po#er by the state; state may regulate things that are under health, safety, and #elfare /po#er reserved to the states2. &or"ing !< hrs. a day =< hrs. a #ee" #ould affect your health > reasonable regulation8 /?air +abor @ct #hich passed in !A)B regulates minimum #age, ma0. hours a #ee", overtime, etc.2 ;C* this case said it #asn$t labor, but about the right to 5; overrode the right of states under federalsim to limit the hours that one could #or" but obviously, this changes #, the passage of above act. Coppage v. Kansas (1915) right to organi-e, bargain, etc. ma0 hours of la#s .ee @rticle !, .ection !< no state shall impair the right to contract

Muller v. regon (19!") prevented females from #or"ing for a certain hours a day; *his #as constitutional bec, they #ere #orried about #omen$s reproductive rights8 #$k%ns v. Ch%l$ren&s 'osp%(al (19)*) fi0ing minimum #ages for #omen and children; 3substantive economic due process 1 is used to stri"e do#n this; due process clause is used to provideD; spear of economic rights that the gov$t could not interfere it. 'ere it$s health, safety, and #elfare. 9ndividual liberties had to give #ay to the general interest to the public in an economic society. 3Why is substantive economic due process impt? *he theme of engaging in economic activity #,o restraint failed bec, as the nation became industrial, there #as need for some regulation. Et. continued to stri"e do#n ?D4$s 6e# Deal legislation ?D4 #anted to increase the F of .upreme Eourt Gustices; started #, H, then B, then A. /?D4$s legislation to increase %ustices did not pass2 Loekner go( over(urne$. Williamson v. Lee Optical of OK (1955) p ! "#5 on bar e$am and %i&e%y to be on bar e$am a ain bec' o( L) (%orists have to be %icensed bein cha%%en ed ri ht no* bec' there is not pub%ic interest bein served to %icense (%orists+ not (or hea%th, sa(ety, and *e%(are! Eyeglass case 7ptomotrists #ere losing money #hen opticians #ere fitting people #, glasses #,o a prescription, so 75 /similar to +oec"ner2 authori-ed to fi0 prices /at one time airline tic"et prices #ere established by the gov$t2 limit of #ho can engage in this type of activity. Le is%ature, not courts, to ba%ance the advanta es and disadvanta es but %a* is rea%%y use%ess e$cept to reduce competition ca%%ed de(erentia% revie*! -his %a* suc&s, ./- your remedy is not in court, but in the %e is%ature comp%ain to them+ E0. la# students shouldn$t practice la# until they pass the bar this is reasonable8 +icense the doctors, la#yers, etc. bec, it$s in the public interest that someone #ho is competent and s"illed #ill perform that duty. 3*uesday, @pril 2=, 2<<H 012)L E3)45 (641- C7)8-E9 :13 no economic %iberties ta&in s, ;s, etc!) 7ne long essay /)< to I<J2 short essay /2<J2 9D /2< to )<J2 1 definitions, true,false !HJ @s, 2<J ;, etc. Cover up to ""# not chapt! si$ +oo" at the table of contents for chapter headings /for true,false2 Essay question ans#er tips ?irst sentence ma"e a strong statement of issues ans#er the call in the question, e0. *his statute is unconstitutional bec, it violatesD ?irst paragraph needs to be the strongest paragraph

hypo may be in supplement, case from class, or from old e0am or from bar e0ams. Kellman case old e0am school voucher case. La%or issues before supreme court *erry schiavo case, etc. fed$l %udiciary /about concepts2 #ill be in true,false or identification or short ans#er 6o essay from ?94.* chapter not about standing, fed$l question. 2nd chapter Eongress$s po#er if they first have the po#er o e0press /enumerated delegated po#ers2 o implied po#ers 5no# +ope- standard for Eongressional po#er on commerce ta0ing and spending issues foreign policy po#ers E@?*@ Eentral @merican free *rade @greement #hat role do they play( @pprove treaties made by President. President has e0pressed and inherent foreign po#ers not #, domestic matters. Wi%% have a hypo *' Con ress and 8resident! E$p%ain the po*ers o( both and ho* they are in con(%ict separation o( po*ers! 62 -E:- 2)-162)L C644E9CE 86WE9:, <694! C644E9CE 86WE9:, :-)-E 86L1CE 86WE9: (7E)L-7, :)0E-=, WEL0)9E), 1>-7 )4E2<!, 69 0E<L 89EE48-162 )2< W7)- -=8E 9/2212? -796/?7 -71: ) :-)-E -)3)-162 1::/E /ta0 effects 9E complete @uto test, Ehurch test, 8 @ 1 (rom :%au hterhouse case! -91C;: o( .)9 E$ams -a&en a constitutiona% issue and to%d you to *rite an essay about it5 con ressiona% spendin po*er, presidents *ar po*ers and (orei n po*ers v! Con resss spendin po*ers, ta&in s c%ause 0ocus on the L):- three years o( bar e$ams *i%% put a hypothet (rom one o( the bar e$ams but read care(u%%y bec' he may t*ee& it so that it may chan e a bit ma&es you thin& and not re ur itate ans*er! Determining #hether punitive damages are e0cessive !. reprehensibility of defendant$s conduct. 2. the ratio b,# the defendant$s conduct and the punitive damages. ). punishment for the conduct in the state 5no# +ochner era is not present no#; question about punitive damages is an e0ception. Prior to +oc"ner era, courts used the 5 clause to revie# state la#s. @rt. !, .ec. !<. Eontracts clause never mentioned during +ochner era b,c they had subst. due process 16o s(a(e shall impair the obligations of contracts. /refers to the state2 /fed gov$t can impairD2 1:ou$d have to bring a subst due process issue to challenge the feds on a contract issue. !. applies to federal gov$t only of impair e0isting contracts

2. gov$t can interfere #, e0isting private contracts if it legitimately related to gov$t purpose /use of rational basis test2 /note #henever there$s a rational basis test, gov$t #ill #in2 ) part test for determining #hen a state gov$t interferes #, private contracts !. is there a substantial impairment of the contractual provisions 2. does the impairment serve a significant and legitimate ). is the la# reasonably related to the legitimate state purpose 4ational basis test 9nsurance question depends if #, the .tate,insurance co. or employee,insurance co.; if #, the st,insur co. then insur co. cannot change it during the year. *a"ings clause @rt. !, sec. !<; @mend. M ?ifth @mendment incorporated to the .tates *a"ings clause considerations !. &hat is a ta"ing( 2. &hat is property( ). &hat is public use( I. &hat does %ust compensation require( /!2 *a"ing 2 types !. possessory govt actually ta"es physical occupation of property or confiscate it 2. regulatory a govt regulation /la#,statute,-oningD2 #hich leaves no reasonable economically viable use of the property. /22 Property anything that is recogni-ed as o#ned or susceptible to o#nership. /)2 Public use 1e0 of private property for private use for the public use malls 1 you can ta"e private property for private use as long as you can sho# public interest. N*he o#ner of a private land property, if ta"en for public use and not used in 2 years, the o#ner has the right to ta"e it bac" at cost. /I2 Gust compensation reasonable mar"et value terms; gain to the ta"er is irrelevant.