NAEP Civics Grade 12

Category - Civics

"The statute necessarily interferes with the right of contract between the employer and employees.... The general right to make a contract...is part of the liberty of the individual protected by the Fourteenth Amendment.... Under that provision, no State can deprive any person of life, liberty, or property without due process of law. The right to purchase or sell labor is part of the liberty protected by this amendment...." -- Justice Peckham, delivering the majority opinion of the Court

"It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakeries.... The statute must be taken as expressing the belief of the people of New York that, as a general rule, labor in excess of sixty hours a week...may endanger the health of those who thus labor.... Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution." -- Justice Harlan, in his dissenting opinion

Which of the following is the best way to summarize the difference between the two opinions?

  1. Peckham argues for judicial activism to limit government power; Harlan argues for judicial restraint, but for a more active role by government
  2. Peckham argues that legislatures have a role to play in civil society; Harlan argues that such a role should be reserved only for the courts
  3. Peckham emphasizes the power of the states; Harlan emphasizes the power of the federal government
  4. Peckham emphasizes the power of the legislatures; Harlan emphasizes the power of the courts
Explanation

Answer: A - Peckham argues for judicial activism to limit government power; Harlan argues for judicial restraint, but for a more active role by government.

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