Students attending my American Constitutional Law class are now somewhat familiar with the debate that has raged for well over a century concerning the meaning of the Commerce Clause, found in Article One, Section Eight of the U.S. Constitution. As students now know, a central aspect of this debate involves how one views the role government should play in regulating business. In addition to reading the Commerce Clause narrowly, advocates of a more laissez faire approach also believe that the concept of "liberty" found in the Constitution includes the right to contract. Under this right, the government may not interfere with a contract between employer and employee. During the so-called Lochner Era, the Court used this reasoning to strike down several federal and state laws that sought to regulate the employer/employee relationship. While Lochner was eventually overturned by the Court, its legacy lives on. Students interested in understanding the role Lochner plays in modern American constitutional jurisprudence might want to check this
discussion on C-Span. The Constitutional Center also has
a nice summary of the case.
