By Vandiver H. S.

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Supreme Court Historical Society p. 20. 21 PART 2 of, this world-view that the doctrine of liberty of contract flourished and the decisions subsumed under the rubric of “Lochner era jurisprudence” were made. Some of the ideas that were influential in forming this jurisprudence by suggesting why state power should be constrained, many of which appear clearly in the doctrine of vested rights, have already been examined. Let us now look at the development and scope of the police power. 4. 82 In any case, it is clear that in the context of economic regulation – or government-business relations – the police power was the most important state power.

Judicial review has been in effect there for about a hundred years and in this period, it has been frequently exercised. Overall, people seem pleased with this. There are no examples of constitutional amendments enforcing a constitutional interpretation different from the one advanced by the courts, and only two examples of judges being prosecuted for invalidating laws. , p. 322. Cooley is cited as authority for the point that unconstitutional legislation is often just due to an oversight or misunderstanding in the legislature.

The protection of vested rights raised the issue of the corresponding scope of regulatory power; and just as he drew a line between takings and taxes, Aschehoug attempted to draw a line between exercises of the power of eminent domain and permissible regulation. He believed there could be no question of a taking when property lost some or even all value due to regulations. S. 144 Aschehoug’s main principle on this point was that the legislature cannot 139 Aschehoug, supra note 116, p. 85. In a footnote he referred the reader to section in American treatises dealing with this: “This doctrine is discussed inter alia in Kent, Commentaries on American Law I, pp.

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Laws of Reciprocity and the First Case of Fermats Last Theorem by Vandiver H. S.


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