Harvard University Political Science Lochner vs New York Paper

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Lochner v. New York (1905) is considered one of the most problematic cases in the history of the U.S. Supreme Court, largely for the way in which it argued for minimizing the role of government in commercial affairs, to the detriment of workers and consumers. Using the text of the case in your book, outline the theory of the role of government in commercial affairs advanced by the Court in Lochner. What are the main lines of argument? What are the strengths and weaknesses of the arguments? Also, address the dissenting arguments in the case. How do they counter the arguments by the Court? Which do you think is the strongest argument? Why?

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