HomeUploadUpload DirectHotlinkRandomAbouttheme toggle

David Bernstein on Rehabilitating Lochner and the Freedom to Contract

Views: 878
"Either the Commerce Clause gives Congress a plenary power to regulate anything it pleases or it doesn't; and let's have that argument," says George Mason University law professor David Bernstein.

Bernstein goes after progressive attempts to limit economic freedom and liberty of contract in his new book Rehabilitating Lochner: Defending Individual Rights against Progressive Reform, a history of the 1905 case Lochner v. New York. The decision nullified a state law regulating work hours for bakers and became the impetus for a 40-year period where American courts protected economic liberty.

A Lochner rehabilitation has not been easy, Bernstein admits. Many legal experts that see Lochner as on par with the infamous Dred Scott decision. The government's encroaching power under the Commerce Clause has also held the case for economic liberty back. But Bernstein remains hopeful and believes both liberals and conservatives have something to gain in reexamining Lochner's implications, which range from protecting the right to an abortion to striking down the health care act's individual mandate.

Approximately 6.36 minutes.

Hosted by Nick Gillespie. Camera by Meredith Bragg and Joshua Swain; edited by Swain.

Go to Reason.tv for downloadable versions, and subscribe to Reason.tv's YouTube Channel to receive immediate updates when new material goes live.
@ReasonVidsfollow
Thumbnail for Want to Live Forever? Sonia Arrison Explains How In Her New Book9:47
Want to Live Forever? Sonia Arrison Explains How In Her New Book
ReasonVids
866 views
Thumbnail for Peter Koenig — "Most people still don't see the triple objective of the Great Reset" — Former World Bank Advisor Peter Koenig Goes Down the Vaxx-Mandate Rabbit Hole — Explains why some countries got hit hard by Sudden Adult Death Syndrome but others didn't2:19
Peter Koenig — "Most people still don't see the triple objective of the Great Reset" — Former World Bank Advisor Peter Koenig Goes Down the Vaxx-Mandate Rabbit Hole — Explains why some countries got hit hard by Sudden Adult Death Syndrome but others didn't
bestofsaidit
652 views
Thumbnail for After seeing this, I don’t blame Hasan Piker for pussying out of the Sam Hyde fight tbh0:33
After seeing this, I don’t blame Hasan Piker for pussying out of the Sam Hyde fight tbh
bestofpoal
1829 views
Thumbnail for ICE's No Tolerance Policy is Wreaking Havoc on Families and Clogging the Immigration System12:22
ICE's No Tolerance Policy is Wreaking Havoc on Families and Clogging the Immigration System
ReasonVids
836 views
Thumbnail for What Should Have Happened at the Big Tech Antitrust Hearing6:40
What Should Have Happened at the Big Tech Antitrust Hearing
ReasonVids
892 views
Thumbnail for Evidence For Reincarnation This Kid Knows Things He Shouldn't - He Survived Death - Documentary15:04
Evidence For Reincarnation This Kid Knows Things He Shouldn't - He Survived Death - Documentary
AOUisgay
481 views
Thumbnail for Laura Kipnis On How Campus Feminism Infantilizes Women19:23
Laura Kipnis On How Campus Feminism Infantilizes Women
ReasonVids
849 views
Thumbnail for Weed Wars: Medical Marijuana Hits Reality TV8:22
Weed Wars: Medical Marijuana Hits Reality TV
ReasonVids
862 views
Thumbnail for Stossel: Does Silicon Valley manipulate users?5:18
Stossel: Does Silicon Valley manipulate users?
ReasonVids
923 views
Thumbnail for Seattle Police Chief Norm Stamper on Ending the Drug War9:52
Seattle Police Chief Norm Stamper on Ending the Drug War
ReasonVids
1059 views
Thumbnail for Out on the streets of vibrant Melbourne: nigger threatens Chinks with hammer and tries to steal their car1:35
Out on the streets of vibrant Melbourne: nigger threatens Chinks with hammer and tries to steal their car
bestofupgoat
367 views
Thumbnail for Top Threats to Civil Liberties After 9/11: Q&A w Mike German of ACLU/former FBI Agent6:28
Top Threats to Civil Liberties After 9/11: Q&A w Mike German of ACLU/former FBI Agent
ReasonVids
846 views
Thumbnail for Teachers Union and NAACP Sue NY Charter School: An Update on Bob Bowdon's Choice Media TV4:57
Teachers Union and NAACP Sue NY Charter School: An Update on Bob Bowdon's Choice Media TV
ReasonVids
926 views
Thumbnail for What do you want on your Tombstone?0:19
What do you want on your Tombstone?
bestofupgoat
399 views
Thumbnail for Why not give the ring to Gimli? | In Deep Geek7:43
Why not give the ring to Gimli? | In Deep Geek
invidious
236 views
Thumbnail for I Want to Be Like Mommy  + More Nursery Rhymes & Kids Songs - CoComelon33:49
I Want to Be Like Mommy + More Nursery Rhymes & Kids Songs - CoComelon
invidious
13 views
Thumbnail for Granny Telling the "Truth" About The Holohoax2:12
Granny Telling the "Truth" About The Holohoax
bestoftalk.lol
924 views
Thumbnail for Billionaires vs. Brooklyn's Best Bar: Eminent Domain Abuse & The Atlantic Yards Project4:48
Billionaires vs. Brooklyn's Best Bar: Eminent Domain Abuse & The Atlantic Yards Project
ReasonVids
842 views
Thumbnail for Unitarian Church Leads NSA Lawsuit: Q&A with Rev. Rick Hoyt4:38
Unitarian Church Leads NSA Lawsuit: Q&A with Rev. Rick Hoyt
ReasonVids
778 views
Thumbnail for Will Net Neutrality Save the Internet?4:02
Will Net Neutrality Save the Internet?
ReasonVids
909 views
Thumbnail for 'The Libertarian Party Is the Right Answer, as Broken as It Is:' Larry Sharpe25:17
'The Libertarian Party Is the Right Answer, as Broken as It Is:' Larry Sharpe
ReasonVids
869 views

points

Permalink
Reply
davide, bernstein, nick, gillespie, reason.tv, reason, foundation, magazine, rehabilitating, lochner, new, york, bakers, economic, freedom, liberty, contract, laissez-faire, capitalism, free, market, legal, supreme, court, progressive, reform, individual, rights, oliver, holmes, peckham, judicial, activism, mandate, health, care, commerce, clause, new york city, government, economy, politics, educational
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle