The Supreme Court and Minimum Wage Legislation: Comment by the Legal Profession on the District of Columbia CaseNew Republic, Incorporated, 1925 - 287ÆäÀÌÁö |
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... invalid , that it may be distinguished from all of them . For permission to reprint the comments assembled in this volume , thanks are due to the HARVARD Law Review TEXAS LAW REVIEW YALE LAW JOURNAL KENTUCKY LAW JOURNAL AMERICAN LAW ...
... invalid , that it may be distinguished from all of them . For permission to reprint the comments assembled in this volume , thanks are due to the HARVARD Law Review TEXAS LAW REVIEW YALE LAW JOURNAL KENTUCKY LAW JOURNAL AMERICAN LAW ...
40 ÆäÀÌÁö
... invalid simply because they are passed to carry out economic views which the Court believes to be unwise or unsound . " Legislatures which adopt a requirement of maximum hours or minimum wages may be presumed to believe that when ...
... invalid simply because they are passed to carry out economic views which the Court believes to be unwise or unsound . " Legislatures which adopt a requirement of maximum hours or minimum wages may be presumed to believe that when ...
44 ÆäÀÌÁö
... invalid . It is not wholly true that the elu- cidation of the question of its validity cannot be aided by counting heads . Only because in the final vote some heads rather than others are the ones to be counted is minimum - wage ...
... invalid . It is not wholly true that the elu- cidation of the question of its validity cannot be aided by counting heads . Only because in the final vote some heads rather than others are the ones to be counted is minimum - wage ...
48 ÆäÀÌÁö
... invalid . The reasoning of the justices in the lower court deserves some attention . Justice Van Orsdel delivering the majority opin- ion insisted that a fundamental principle was in- volved , namely , " the principle of liberty of ...
... invalid . The reasoning of the justices in the lower court deserves some attention . Justice Van Orsdel delivering the majority opin- ion insisted that a fundamental principle was in- volved , namely , " the principle of liberty of ...
51 ÆäÀÌÁö
... invalid ( if it be invalid ) is a plain exercise of the judicial power , that power vested in courts to enable them to administer justice according to law . From the authority to ascertain and determine the law in a given case there ...
... invalid ( if it be invalid ) is a plain exercise of the judicial power , that power vested in courts to enable them to administer justice according to law . From the authority to ascertain and determine the law in a given case there ...
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Act of Congress Adkins amount of wages Appeals arbitrary authority Bunting Chief Justice Taft constitutional constitutionality cost of living decision declared difference dissenting opinion District of Columbia due process economic employed employer employment enact equally established fact Fifth Amendment fix a maximum forbidding Fourteenth Amendment freedom of contract health and morals hours of labor individual interference invalid judicial Justice Brandeis Justice Holmes Justice Sutherland justify Kansas Law Review legis legislature liberty of contract living wage Lochner low wages ment mini Minimum Wage Board minimum-wage law minimum-wage legislation Muller Nineteenth Amendment number of hours occupation Oregon paid payment of wages person police power power to fix prescribing principle process of law providing question reasonable regulation require restraint restrictions social standard Stettler supra Supreme Court sustained theory tice tion tional unconstitutional United unreasonable upheld validity vote wage law wage legislation wages for women woman
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247 ÆäÀÌÁö - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
xiii ÆäÀÌÁö - That government is, or ought to be instituted for the common benefit, protection, and security of the people, nation, or community ; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration...
104 ÆäÀÌÁö - It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
199 ÆäÀÌÁö - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
64 ÆäÀÌÁö - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
246 ÆäÀÌÁö - There is, of course, no such thing as absolute freedom of contract. It is subject to a great variety of restraints. But freedom of contract is, nevertheless, the general rule and restraint the exception, and the exercise of legislative authority to abridge it can be justified only by the existence of exceptional circumstances.
184 ÆäÀÌÁö - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
246 ÆäÀÌÁö - Included in the right of personal liberty and the right of private property — partaking of the nature of each— is the right to make contracts for the acquisition of property. Chief among such contracts is that of personal employment, by which labor and other services are exchanged for money or other forms of property. If this right be struck down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense.
251 ÆäÀÌÁö - Statutes of the nature of that under review, limiting the hours in which grown and intelligent men may labor to earn their living, are mere meddlesome interferences with the rights of the individual...
245 ÆäÀÌÁö - In all such particulars the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land.