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

What is one way that political attitudes toward government regulation have changed since the decision in the Lochner case?

  1. Government today is largely unwilling to regulate private contracts.
  2. The federal government no longer applies the Fourteenth Amendment to state laws.
  3. It is generally accepted that the government should take some actions to defend the health and safety of workers.
  4. It is generally accepted that the government should play a role in enforcing contracts, but not in trying to influence their content.
Explanation

Answer: C - It is generally accepted that the government should take some actions to defend the health and safety of workers.

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