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Association: Name: American Political Science Association URL: http://www.apsanet.org
Citation: URL: http://www.allacademic.com/meta/p153106_index.html Direct Link: HTML Code:

Martens, Allison. "Parrying with the Courts: Analyzing the Lochner Era through the Eyes of Organized Labor" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA, Aug 31, 2006 <Not Available>. 2011-03-13 <http://www.allacademic.com/meta/p153106_index.html>

Martens, A. M. , 2006-08-31 "Parrying with the Courts: Analyzing the Lochner Era through the Eyes of Organized Labor" Paper presented at the annual meeting of the American Political Science Association, Marriott, Loews Philadelphia, and the Pennsylvania Convention Center, Philadelphia, PA Online <PDF>. 2011-03-13 from http://www.allacademic.com/meta/p153106_index.html

Publication Type: Proceeding Abstract: Constitutional scholarship that examines the class conflict of the Progressive Era almost invariably focuses on the development of �freedom of contract� jurisprudence and its chilling effects on labor reform and state economic intervention, which was most notoriously typified by the Supreme Court�s decision in Lochner v. New York. Lochner is the touchstone of modern constitutional scholarship for malfunctioning courts that substitute their own preferences for that of a legislature. In recent years there has been a concerted effort to rehabilitate to some degree the reputation of the Lochner Court. Scholars have argued that the justices did not pull freedom of contract out of the hat, and that furthermore, they were drawing on a long American constitutional tradition against class legislation that favored one group at the expense of others. My paper examines this revisionist view through the eyes of the Lochner Court�s victims � labor. By the time Lochner came down, organized labor had already abandoned efforts to pass protective legislation. Instead, they retreated to the private realm to escape the hostility of judicial review, relying on collective bargaining for economic advancement. However, the courts followed, thwarting organized labor�s attempts to bargain with employers with equity injunctions and antitrust enforcement. The same tension between judicial preferences for laissez-faire economics and commitment to state neutrality can be explored following the misadventures of organized labor before the courts in the early twentieth century, instead of tracking the downfall of economic due process during the New Deal. What is gained by studying this constitutional development through the eyes of organized labor is a better appreciation of the leading issues of the day, as well as renewed attention to one of the most significant transformations of the American constitutional order � the radical expansion of federal commerce clause authority in service of the New Deal.

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