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Ironically, this would probably have been an unconstitutional violation of the business's right to enter into a contract according to early 1900s doctrine (see:
by russell_h 11y ago
Ironically, this would probably have been an unconstitutional violation of the business's right to enter into a contract according to early 1900s doctrine (see: https://en.wikipedia.org/wiki/Freedom_of_contract https://en.wikipedia.org/wiki/Freedom_of_contract).
That doctrine was reversed in the 1930s to permit states to set a minimum wage, but granting states greater authority to regulate contracts cuts both ways.
- ubernostrum 11y agoWell, that "doctrine" was largely based on deciding that the 14th Amendment had nothing to do with ensuring equal rights for former slaves and their children, but rather was enacted to turn the US into libertarian paradise. See Holmes' famous dissent in Lochner in which he said "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics."