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The tension between the right to contract and the legitimate police powers of the state through two landmark supreme court cases: lochner and coppage. The lochner case revolves around a law limiting bakers' working hours, while coppage concerns a kansas law prohibiting employers from requiring employees to renounce union membership. The majority and dissenting opinions, the implications for freedom of contract and property rights, and nozickean arguments.
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Lochner Issue:
Majority Opinion
Harlan (dissenting opinion)
Coppage Law: The Kansas law in question prevented employers from requiring employees to sign an agreement stating they would not join a union.
Coppage Majority directly rejects the “unequal footing” argument.
Majority also argues that Kansas law restricts right to maximum benefit:
Nozickean Arguments at Work: