Thursday, October 6, 2016

Watch Lecture Two: “Lochner v. New York: Property Rights”



The American Founders held the view that the right to property is a natural right possessed by all human beings and that the fundamental purpose of the Constitution is to secure the natural rights of all American citizens. For many decades after the Founding, the U.S. Supreme Court remained faithful to this purpose. Beginning in the late 19th century, the Supreme Court embraced the doctrine of substantive due process, which gradually undermined the Founders’ understanding of property rights.

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