Lochner

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1. The legal question in Stone v. Mississippi (1880) is, Did Mississippi’s repeal of the Agricultural, Educational, and Manufacturing Aid Society of 1867 through the Mississippi State Constitution of 1868 violate the Contract Clause of the Federal Constitution?
2. The court in Lochner v. New York 198 U.S. 45 (1905) ruled a New York State law limiting the number of hours a baker could work, unconstitutional. The Court held, the “state had no reasonable ground for interfering with liberty by determining the hours of labor for individuals who are free to work at they choose.” Furthermore the, “freedom, or liberty to contract was a basic fundamental right protected by the liberty and property provisions of the Due Process Clause of the Fifth and Fourteenth Amendment.” “There is no reasonable ground for interfering with liberty of person or the right of free contract, by determining the hours of labor, in the occupation of the baker.”
3. In West Coast Hotel v. Parrish 300 U.S. 379 (1937) The Court ruled that the Minimum Wages for Women Act did not violate the Due Process Clause of the Fourteenth Amendment because it was a valid exercise of the State of Washington’s police power. “The United States Constitution does not speak of freedom of contract. It speaks of liberty and prohibits the deprivation of liberty without due process of law. In prohibiting that deprivation the Constitution does not recognize an absolute and uncontrollable liberty. Liberty in each of its phases has its history and connotation. But the liberty safeguarded is liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people. Liberty under the Constitution is thus necessar...

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...lights over Causby’s farm constituted "a direct and immediate interference with the enjoyment and use of the land (United States v. Causby (1946)."
Another type of taking that protects businesses’ economic liberties against arbitrary takings is the physical intrusion doctrine. Governments must provide just compensation to place anything on private property against the owner’s will (Loretto v. Teleprompter Manhattan (1982). This physical intrusion doctrine is still legally sound, the Court shifted away from viewing regulations as a taking.
The Court in Penn Central Transport Co. v. New York 438 U.S. 104 (1978) held the regulations imposed on Penn Central from constructing a terminal did not constitute a taking. The restriction did not inhibit the current business model and allowed for a reasonable return on investment (Penn Central transport Co. v. New York (1978).

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