After All These Years, Lochner Was Not Crazy — It Was Good
8 Pages Posted: 10 Dec 2018
Date Written: November 16, 2018
For this year’s Rosenkranz Debate, we have been asked to debate the question: Lochner v. New York: Still Crazy After All These Years? It is my job to defend the “negative” position. My burden is not to establish that Lochner was correctly decided, but merely that it was not “crazy.” I intend to meet that burden and exceed it. I intend to show how Lochner v. New York was not at all crazy; in fact, it was a reasonable and good decision.
Keywords: Lochner, Due Process, Fourteenth Amendment, Original Meaning, Originalism, Constitution
Suggested Citation: Suggested Citation