Lochner
(1) What ends of
government policy are legitimate? Must there be some public interest, and how do
we decide whether there is a public interest?
(2) How strong a
showing must there be that the legislative means chosen to achieve the ends are
likely to help realize those ends?
Nebbia
"Affected with a public
interest" means "no more than that an industry, for adequate reason, is subject
to control for the public good" (p.726).
The means are
unconstitutional "only if arbitrary, discriminatory, or demonstrably
irrelevant to the policy the legislature is free to adopt" (p.727)
West
Coast Hotel
The issue is whether
the law is "arbitrary or capricious, and that is all we have to decide.
Even if the wisdom of the policy be regarded as debatable and its effects
uncertain, still the legislature is entitled to its judgment" (p.727)
Carolene
Products
"The existence of facts
supporting the legislative judgment is to be presumed" (p.730)
The issue is
"whether any state of facts either known or which could reasonably be
assumed affords support for" the legislation (p.730).
Lee Optical
“But the law need
not be in every respect logically consistent with its aims to be
constitutional. It is enough that
there is an evil at hand for correction, and that it might be thought that
the particular legislative measure was a rational way to correct it”
(p.731).
Ferguson
"[I]t is up to
legislatures, not courts, to decide on the wisdom and utility of
legislation" (p.732).
Meyer v. Nebraska
(p.810)
- the freedom of modern language
teachers "to engage in any of the common occupations of life"
- the freedom of children "to
acquire useful knowledge"
- the freedom of parents "to
establish a home and bring up children" (including control of
education)
Pierce v. Society of
Sisters (p.811)
The state may not "standardize its
children by forcing them to accept instruction from public teachers only. The
child is not the mere creature of the state; those who nurture him and direct
his destiny have the right, coupled with the high duty, to recognize and prepare
him for additional obligations."
Griswold v. Connecticut
What is the right at stake?
What is the standard of review?
How do the different justices try to
explain why there is a fundamental right at stake?
Lee Optical
Rational relationship standard of
review: Could the legislature reasonably believe that the statute is rationally
related to a valid (or legitimate) state interest?
Ferguson
"[I]t is up to legislatures, not
courts, to decide on the wisdom and utility of legislation" (p.732).
Theories in Griswold
The penumbras of the Bill of Rights
(Douglas) (pp.811-812)
Ninth Amendment
The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others retained
by the people.
Theories in Griswold
The penumbras of the Bill of Rights
(Douglas) (pp.811-812)
14th A. "liberty" with analogy to the
9th A. (Goldberg) (so rooted in tradition and the collective conscience as to be
ranked fundamental, p.813)
Theories in Griswold
The penumbras of the Bill of Rights
(Douglas) (pp.811-812)
14th A. "liberty" with analogy to the
9th A. (Goldberg) (so rooted in tradition and the collective conscience as to be
ranked fundamental, p.813)
14th A. Due Process (Harlan) (implicit
in the concept of ordered liberty, p.814)