Lochner v. New York · ¶35

Granting then that there is a liberty of contract which cannot be violated even under the sanction of direct legislative enactment, but assuming, as according to settled law we may assume, that such liberty of contract is subject to such regulations as the State may reasonably prescribe for the common good and the well-being of society, what are the conditions under which the judiciary may declare such regulations to be in excess of legislative authority and void? Upon this point there is no room for.dispute; for, the rule is universal that a legislative enactment, Federal, or state, is never to be disregarded or held invalid unless it be, beyond question, plainly and palpably in excess of legislative power. In Jacobson v. Massachusetts, supra, we said that the power of the courts to review legislative action in respect of a matter' affecting the general welfare exists only "when that…

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