Lochner v. New York · ¶16

It is also urged, pursuing the same, line of argument, that it is to the interest of the State that its population should be strong and robust, and therefore any legislation which may be said to tend to make people healthy must be valid as health laws, enacted under the police power. If this be a. valid argument and'a justification for this kind of legislation, it follows that the protection of the Federal Constitution from undue interference with liberty of person and freedom of contract is visionary, wherever the law is sought to be justified as a valid exercise of the police power. Scarcely any law but might find shelter under such assumptions, and conduct; properly so called, as well as contract, would come under the restrictive sway of the legislature. Not only the hours of employés,' but the hours of employers, could be regulated, and doctors, lawyers, scientists, all professional…

U. S. Reports, bound volume
U. S. Reports, volume 198, at 45 (Library of Congress) · transcription: Caselaw Access Project
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