Quote:
Originally posted by Mmmm, Burger (C.J.)
I don't think the Contracts clause gets you much of anywhere for substantive due process. That's focused on ex post changes to teh terms of contracts, not ex ante limitations upon them.
Now, the privileges and immunities clause both in Art. IV and the 14th amendment should get your somewhere, but, since slaughterhouse and Parrish, don't.
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I think someone defending Lochner might also be willing to interpret the contracts clause in a pre-1950s manner. I believe the first decision that made clear the contracts clause was focused on ex post changes was Ogden v. Saunders, after the New Deal changes in outlook.
