History Exam on Civil Rights in 20th Century
Stephanie Siv
4/20/2013
Take Home Test #2
Professor Carroll Laissez Faire constitutionalism was a judicial philosophy that the government cannot and should not regulate the economy. Under this belief the people who were supporters of Laissez Faire constitutionalism supported the idea that the government and the United States as a whole society would benefit the most if its people were free to maximize and control their own business’s and economic decisions.
The Supreme Court employed laissez faire constitutionalism in the late 1800s by making sure that the court itself ruled for laissez faire constitutionalism jurisprudence in court cases such as Plessy v Ferguson, and Lochner v New York. The governments only role in laissez faire constitutionalism was protecting the right of the people to bargain freely. Given this the Supreme Court decisions mirrored legislation and made it illegal prevent a company to prevent another company from entering a business or two businesses conspiring to control a whole supply of a certain good. In the late 1880s the Supreme Court judges and many others as well issued labor injunctions which was a way to try to prevent labor workers from striking. These labor injunctions made it illegal for these strikers to interfere with new workers taking their jobs, or blocking the entrances to their work place. The court also decided that freedom of contract could be limited when government had compelling reasons. The court decided that “police power” needed to be established to regulate private property to protect citizens and that it was for the public’s safety and health and that in certain cases the government and police can interfere with property rights if it is within these limits. Other legal devices the Supreme Court used to suppress labor were trespass, vagrancy, obstruction of traffic, disturbing the peace, and conspiracy laws. They also used yellow dog contracts which employers used and they would force an employee to sign
4/20/2013
Take Home Test #2
Professor Carroll Laissez Faire constitutionalism was a judicial philosophy that the government cannot and should not regulate the economy. Under this belief the people who were supporters of Laissez Faire constitutionalism supported the idea that the government and the United States as a whole society would benefit the most if its people were free to maximize and control their own business’s and economic decisions.
The Supreme Court employed laissez faire constitutionalism in the late 1800s by making sure that the court itself ruled for laissez faire constitutionalism jurisprudence in court cases such as Plessy v Ferguson, and Lochner v New York. The governments only role in laissez faire constitutionalism was protecting the right of the people to bargain freely. Given this the Supreme Court decisions mirrored legislation and made it illegal prevent a company to prevent another company from entering a business or two businesses conspiring to control a whole supply of a certain good. In the late 1880s the Supreme Court judges and many others as well issued labor injunctions which was a way to try to prevent labor workers from striking. These labor injunctions made it illegal for these strikers to interfere with new workers taking their jobs, or blocking the entrances to their work place. The court also decided that freedom of contract could be limited when government had compelling reasons. The court decided that “police power” needed to be established to regulate private property to protect citizens and that it was for the public’s safety and health and that in certain cases the government and police can interfere with property rights if it is within these limits. Other legal devices the Supreme Court used to suppress labor were trespass, vagrancy, obstruction of traffic, disturbing the peace, and conspiracy laws. They also used yellow dog contracts which employers used and they would force an employee to sign