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

Barnett, Randy E., After All These Years, Lochner Was Not Crazy — It Was Good (November 16, 2018). Georgetown Journal of Law & Public Policy, Vol. 16, No. 2, 2018. Available at SSRN:

Randy E. Barnett (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9936 (Phone)


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