How did the Court’s decision in the Civil Rights Cases (1883) change the interpretation of the Fourteenth Amendment?
Describe the concept of liberty of contract. Why was it described in the video as a “free market ideal?”
When liberty of contract is applied to labor, who benefits more, the employer or the employee? Please provide your reasons.
In the video, liberty of contract is referred to as a “made-up
doctrine.” Based upon what you know about the Constitution, if you were
a justice what sort of doctrine would you pull from the Constitution
that would address an issue you see in society today?
Why did the Supreme Court strike down so much of the New Deal legislation in 1935 and 1936?
How did attitudes about workers’ rights change during the New Deal?
Why do you think the Court changed its view of the “liberty of
contract” doctrine in West Coast Hotel v. Parrish (1937)? Do you feel
this change was the right move for the Court? Why or why not?