3 ms·
A unpopular view but… This is why overruling Lochner may not have been so great. We used to have “right to contract” and so the state couldn’t forbid me from pu
by zeroonetwothree 3y ago
A unpopular view but… This is why overruling Lochner may not have been so great. We used to have “right to contract” and so the state couldn’t forbid me from purchasing an item that the seller wanted to sell me. But now it’s more like you get to participate in the economy only in the way that the legislature decides is acceptable.
- remich 3y agoGiven that overruling Lochner lead to states actually being able to enact minimum wage laws I think the trade-off was worth it. To reference a separate issue currently trending on HN -- were we still living in the "freedom to contract" era, there would be no way that states could ban non-compete agreements. At base, the problem inherent in the "freedom to contract" ideal is that in many situations the parties to a contract are not equal in bargaining power, and perverse results happen as a result of ignoring that reality.