Substantive Due Process · US History

The term 'Lochner era' usually refers to a period when the Supreme Court was likely to do what?

  1. Uphold broad state regulation of economic activity without review
  2. Refuse to apply the Fourteenth Amendment to state laws
  3. Eliminate judicial review in constitutional cases
  4. Use substantive due process to strike down economic regulations
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Correct answer: Use substantive due process to strike down economic regulations

The Lochner era refers to a period when the Court often used substantive due process to protect economic liberties. During this time, some labor and business regulations were struck down as violations of liberty of contract.

Difficulty: Medium Question 6 of 19

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