Substantive Law Study Support

Questions for Analysis and Responses

1. Review the situation described in Living with the Constitution at the beginning of this chapter. Does the rent control ordinance involve (a) a violation of due process, (b) a taking without just compensation, or (c) a violation of the Contract Clause? Discuss.
Student opinions and reasons may vary here (although the courts have decided that it is none of these). Rent control does meet some of the criteria of each of these:
a. Due process: Landlords lose rental income and have no say or hearing rights.
b. Taking: The rent control laws result in a decrease of value of rental, although it is not a total loss.
c. Contract Clause: Depending on when the rent control ordinance goes into effect, it might affect existing obligations of tenants by prohibiting agreed rent increases.

2. Answer the following questions about Lochner v. New York.
a. The Court describes certain kinds of contracts that are not protected by the Constitution. What are they?
Contracts in violation of a statute, either of the federal or state government, or a contract to let one’s property for immoral purposes, or to do any other unlawful act, obtain no protection from the federal Constitution, as coming under the liberty of person or of free contract.
b. Why did the Court think the police power was exceeded by N.Y.?
The law involved neither the safety, the morals, nor the welfare of the public. There was no legitimate state interest here.
c. Why did Justice Harlan dissent?
Justice Harlan thought that the Court should not interfere if the end was a legitimate state interest and the means would accomplish that end, even if it was not the wisest choice.

3. According to the Court in Nebbia v. New York, what are some ways that the government can curtail the use of private property?
“The state may control the use of property in various ways; may prohibit advertising bill boards except of a prescribed size and location, or their use for certain kinds of advertising; may in certain circumstances authorize encroachments by party walls in cities; may fix the height of buildings, the character of materials, and methods of construction, the adjoining area which must be left open, and may exclude from residential sections offensive trades, industries and structures likely injuriously to affect the public health or safety; or may establish zones within which certain types of buildings or businesses are permitted and others excluded.
Laws passed for the suppression of immorality, in the interest of health, to secure fair trade practices, and to safeguard the interests of depositors in banks, have been found consistent with due process.”

4. Several cases in this chapter mention state “police power.” What does this mean?
Every state has the right to enact laws that promote the health, welfare, safety, and morals of its residents. In exercising this power, states cannot violate any provision of the U.S. Constitution.