David Bernstein on Rehabilitating Lochner and the Freedom to Contract

[WonderlandDiva]

Bernstein rocks !!!

[sklanger]

Prof. Bernstein, you've packed on the pounds, possibly from too much baked goods, and starting to resemble the grotesquerie who is Leiter. It's unhealthy. Please go low-carb or something.

[ogrish84]

Let them eat chocolate cake with chocolate icing on top.

[IvanAndreevich]

Oooooh that Zionist jew!

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Just kidding :)

[blogegog]

"“Either the Commerce Clause gives Congress a plenary power to regulate anything it pleases or it doesn’t; and let’s have that argument,”"

Let's also have another argument. I think that 'plenary' should not be a word. It causes nothing but trouble. Who's with me?

[furyofbongos]

You can get lost in details like this, or you can simplify things immensely by realizing that everything government does is done at the threat of initiating coercion (violence).

NOTHING good can ever come from this kind of threat. I challenge anyone to demonstrate how good can come from coercion (self defense is a response to the initiation of coercion)

[whoo689]

I am fairly liberal on economic matters, although I detest the nanny state, War on Drugs, etc., but I DO see that there's a case to be made about NOT using the Commerce clause for whatever LIBERAL economic ends you want! It's insane. You can't use the Commerce Clause for ABORTION! For crying out loud. I'm prochoice, but I would NEVER use it to justify abortion. There are much better justifications for legal abortion.

[whoo689]

I think the federal court system, in a way, has become far too partisan and political. BOTH sides of the aisle wanna use it for THEIR ideological purposes, rather than keeping it independent like it should be.

[Thorbie]

Great interview on a very important case. The Lochner era was very important for revitalizing the natural law school of jurisprudence on the Court.

[faithofjudas]

Where the fuck is your jacket?!

[Loathomar]

The reason Obama referred to the Lochner era, is simply that it is a common term. The Lochner case not a huge case by it's self, but it was the first case in a series of cases that follow the same conservative view on many cases. It was this Lochner era court that made the Dred Scott decision. Why history picked this very case for the name of the era is not really that clear and could be unfair, but the Lochner era is what it is called.

[curtisls87]

@Loathomar Um, no. Lochner was decided in 1905, and Dred Scott was decided in 1857, so there is no way it was the "Lochner era court that made the Dred Scott decision."

[Sally0h]

@curtisls87 If you stop at minute 2:05 and read Obama's speech, he says the "same judicial philosophy was the underpinning of Dred Scott..." I miss the Lochner era myself.

[LibertarianINT]

@Sally0h The poster Loathomar implied that the Lochner court literally made the Dred Scott decision. Barack was more speaking onto the spirit of the court while Loathomar spoke more literally.

[Sally0h]

@LibertarianINT My point exactly.

[blogegog]

Is 'Lochner' short for 'Lochness Monster'? If so, I don't think he should be rehabilitated at all. All he does is swim around all day eating algae and fresh-water plankton. He's not bothering anyone. Leave him alone, Reason Teevee!

[sensibuddz]

well i bake daily ;)