Lochner v. New York Primary Source Analysis

Students will read excerpts from the majority (Justice Peckham) and dissenting opinions (Justice Holmes) of Lochner v. New York and answer 15 questions of varying degrees of difficulty. There are then 5 additional questions/tasks for students to complete to demonstrate a deeper understanding of the case and its legacy in its historical context. The answers are included where appropriate and this would be great for a sub!

Sample questions include:
—Why might Peckham have asserted that this was not a case involving involuntary labor?
—How does Peckham justify limiting the scope of police powers?
—Identify the two opposing powers at play in this case.
—Summarize the 5th paragraph in your own words to demonstrate understanding.
—Describe the “arbitrary” nature of the situation the Court was presented with.
—Under what circumstances would the Constitution be violated?
—This case ushered in what is referred to as the “Lochner Era.” Write 5 words or phrases which would describe the era based on the historical context and what you learned about this case.

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