Ah, the actual terminally humorous point is all the 1937 talk. These guys want to head back to the 19th century so we can have child labor, old age poverty, you name it. Gotta love the dumbness of it all
Last time I checked, 1937 was in the 20th, not the 19th, century. <g>
The Lochner era of economic substantive due process began in 1905. The "child labor" bit is just fear-mongering. The state police power encompasses regulation on basis of health, safety, and general welfare - which would still be more than an adequately "compelling interest" in protecting child health and welfare to overcome a substantive due process right to contract. The humorous part is your wholehearted gushing embrace of substantive due process invention for, say, gay rights, but not for right to contract, right to property, etc. embodied in the 5th, 14th, and 9th Amendments.
Derek |
