New York have, however, outlasted even the Lochner Era, and have
counterpartsâ€"or one might even say direct descendantsâ€"in judicial decisions
that have an impact on society today. That effect is now, as it was in the
Lochner Era, mainly conservative, which is to say, it favors the
institutions that control society, from corporations to government, rather
than the citizens whose rights the Constitution was meant to protect.
By looking at the short dissenting opinion written by Justice Oliver
Wendell Holmes, one can get an idea of the sort of continuing wrangling
that was set in motion because of the judicial precedent set by the
Holmes set the case out in his very first line: "This case is
decided upon economic theory which a large part of the country does not
entertain." That is, by granting the employer the right to set all and any
working hours desired, the majority of the Court had sided with large
corporations. Certainly, there were fewer large corporations than working
people, so it could be assumed that the working people would certainly have
appreciated a limit to how hard they could be worked in the name of
corporate profits. Unions were gaining hold at the time, and demanding
better contracts for their members. The decision in Lochner gave employers
more leverage, especially in non-union shops. Holmes noted that, in fact,
the Court was acting against precedent. He cited the myriad other laws
...