• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

David Bernstein on Rehabilitating Lochner and the Freedom to Contract

Views:1708
@ReasonVids3

"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.

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
    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
    ReasonVids2
    1509 views
    Thumbnail for Stossel: Baby Salmon Threatened?5:03
    Stossel: Baby Salmon Threatened?
    ReasonVids
    1680 views
    Thumbnail for Livin' as a new girl.3:02
    Livin' as a new girl.
    bestofupgoat
    1389 views
    Thumbnail for fashion. | Incognito Mode22:42
    fashion. | Incognito Mode
    invidious1
    1355 views
    Thumbnail for Out Of Shadows Documentary1:17:37
    Out Of Shadows Documentary
    AOU
    2318 views
    Thumbnail for The Next Pandemic Will Be Caused by the National Debt. It Will Crater the Economy.6:58
    The Next Pandemic Will Be Caused by the National Debt. It Will Crater the Economy.
    ReasonVids
    1575 views
    Thumbnail for Do You Need Wheel Alignment? How Is It Done? | Genius Asian13:52
    Do You Need Wheel Alignment? How Is It Done? | Genius Asian
    Invidious8
    78 views
    Thumbnail for Citizen vs. Government (Elections)0:25
    Citizen vs. Government (Elections)
    ReasonVids
    1822 views
    Thumbnail for Yes, Big Tech is Censoring Speech: Now What?39:44
    Yes, Big Tech is Censoring Speech: Now What?
    IJvids
    1629 views
    Thumbnail for Occupy Wall Street Removed from Zuccotti Park by NYPD (11/15/2011)4:20
    Occupy Wall Street Removed from Zuccotti Park by NYPD (11/15/2011)
    ReasonVids
    1825 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    153 views
    Thumbnail for Hong Kong Protesters Combat the Surveillance State7:47
    Hong Kong Protesters Combat the Surveillance State
    ReasonVids
    2390 views
    Thumbnail for The World's Oldest Myth? The World Tree which Grows from Hell | Survive the Jive1:09:58
    The World's Oldest Myth? The World Tree which Grows from Hell | Survive the Jive
    bestofpoal
    1586 views
    Thumbnail for Reason.tv at the Washington DC Tea Party3:07
    Reason.tv at the Washington DC Tea Party
    ReasonVids3
    1648 views
    Thumbnail for Crook County - A Quick Conversation about Chicago Politics9:49
    Crook County - A Quick Conversation about Chicago Politics
    ReasonVids
    1668 views
    Thumbnail for Procession Of The Dead Clowns | Blut Aus Nord - Topic9:56
    Procession Of The Dead Clowns | Blut Aus Nord - Topic
    invidious3
    235 views
    Thumbnail for Guantanamo Bay in 54 Seconds: What Every American Should Know1:20
    Guantanamo Bay in 54 Seconds: What Every American Should Know
    ReasonVids
    1357 views
    Thumbnail for Rand-O-Rama: The Long Shelf Life of Ayn Rand's Legacy3:51
    Rand-O-Rama: The Long Shelf Life of Ayn Rand's Legacy
    ReasonVids3
    1314 views
    Thumbnail for What Should Have Happened at the Ketanji Brown Jackson Hearings6:26
    What Should Have Happened at the Ketanji Brown Jackson Hearings
    ReasonVids
    1646 views
    Thumbnail for Families Ask the Supreme Court to Stop Discrimination Against Religious Schools13:55
    Families Ask the Supreme Court to Stop Discrimination Against Religious Schools
    ReasonVids3
    1368 views
    Thumbnail for Bitcoin Lightning Network vs Flexa Network AMP Token | AMPire Queen12:07
    Bitcoin Lightning Network vs Flexa Network AMP Token | AMPire Queen
    Invidious8
    79 views
    Thumbnail for Natural Food Fight: Whole Foods and Health Care4:28
    Natural Food Fight: Whole Foods and Health Care
    ReasonVids
    1582 views
    Thumbnail for Ron Paul’s Giuliani Moment & the New Libertarian Party20:06
    Ron Paul’s Giuliani Moment & the New Libertarian Party
    ReasonVids3
    1480 views
    Thumbnail for That's Carl | eman42402:05
    That's Carl | eman4240
    Invidious8
    90 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