Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Rand Paul Kicks The Hornets' Nest By Praising The Lochner Decision
Forbes ^ | February 20, 2015 | George Leef

Posted on 02/20/2015 8:27:40 AM PST by reaganaut1

Kentucky’s junior senator, Rand Paul, gave a provocative talk at the Heritage Foundation on January 13, in which he discussed the role of the judiciary. During that talk, he said something that most American lawyers have been conditioned to think of as heresy: he said that the Supreme Court’s 1905 decision in Lochner v. New York was right.

Saying anything good about Lochner among the vast majority of American lawyers and judges is like telling a group of college history professors that Calvin Coolidge was a great president. Senator Paul has the courage to say controversial things and doesn’t fear going against the grain.

Lochner is one of the cases that law students are most likely to remember from Constitutional Law because the decision is almost invariably denounced as a horrible, embarrassing blunder – nearly as bad as Dred Scott. Senator Paul, however disagrees and so do I.

The facts of the case are as follows.

(Excerpt) Read more at forbes.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: libtardians; lochner; randpaul

1 posted on 02/20/2015 8:27:40 AM PST by reaganaut1
[ Post Reply | Private Reply | View Replies]

To: reaganaut1

Rant Paul goes full @ tiller.


2 posted on 02/20/2015 8:43:23 AM PST by skinkinthegrass ("Any girl can be glamorous. All you have to do is stand still and look stupid." Hedy Lamarr)
[ Post Reply | Private Reply | To 1 | View Replies]

To: reaganaut1

He’s right.


3 posted on 02/20/2015 8:51:47 AM PST by Jacquerie (Article V. If not now, when?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: skinkinthegrass
Funny ..read the full article... so the courts operate on the assumption that they should let a law passed by the legislature should stand if possible?... what about gay marriage?

...

4 posted on 02/20/2015 8:55:50 AM PST by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
[ Post Reply | Private Reply | To 2 | View Replies]

To: tophat9000

You’re right. Paul is right too, from what I can see here.


5 posted on 02/20/2015 9:54:24 AM PST by nikos1121
[ Post Reply | Private Reply | To 4 | View Replies]

To: reaganaut1

[ Saying anything good about Lochner among the vast majority of American lawyers and judges is like telling a group of college history professors that Calvin Coolidge was a great president. ]

Coolidge WAS a GREAT President, Woodrow Wilson was a TYRANT!


6 posted on 02/20/2015 10:16:39 AM PST by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tophat9000; skinkinthegrass; reaganaut1
Funny ..read the full article... so the courts operate on the assumption that they should let a law passed by the legislature should stand if possible?... what about gay marriage?

How about laws that said illegal immigrant children could not go to public schools or that illegal immigrants were not entitled to free healthcare or social welfare benefits.

Seems like if the law passed by majority prevents the advancement of the social welfare state then there is no “right of a majority to embody their opinions in law.”

7 posted on 02/20/2015 11:26:06 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: reaganaut1

Strike one.. Strike two.. Hey, on this pitch Paul managed to hit a double!

Every now and then they get one right. Luckily the more active son does a better job than his father.


8 posted on 02/20/2015 11:28:21 AM PST by Svartalfiar
[ Post Reply | Private Reply | To 1 | View Replies]

To: reaganaut1

Calvin Coolidge was a great President. In fact he was one of Reagan’s favorites.

L


9 posted on 02/20/2015 2:01:46 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson