---
title: "Lochner v. New York | Constitutional Law I"
description: "Lochner v. New York is the 1905 case striking down a bakery-hours law for violating freedom of contract, a core Constitutional Law I due process case."
canonical: "https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york"
type: "key-term"
subject: "Constitutional Law I"
unit: "Unit 16"
---

# Lochner v. New York | Constitutional Law I

## Definition

Lochner v. New York is a 1905 Supreme Court case that struck down a New York bakery-hours law because the Court said it violated freedom of contract. In Constitutional Law I, it is the classic example of economic substantive due process.

## What It Is

Lochner v. New York is the 1905 Supreme Court case that said New York could not limit bakers to a 60-hour workweek because the law interfered with freedom of contract. In Constitutional Law I, the case sits at the center of debates about how far the Constitution protects economic liberty from state regulation.

The basic move in Lochner was not that the Court thought workplace regulation was always invalid. The majority said the state can use its police powers to protect health, safety, and morals, but it treated this bakery law as too direct an intrusion on the employer-employee bargain. Justice Rufus Peckham wrote for the Court and framed the issue as a constitutional limit on state interference with ordinary economic choices.

That is why Lochner is usually tied to substantive due process. The Due Process Clause of the Fourteenth Amendment was read to protect more than fair procedures, it was also treated as guarding certain liberty interests, including economic liberty and the right to contract. The Court did not say the word “contract” appears in the Constitution. Instead, it treated contract freedom as part of the liberty the state could not take away without a strong reason.

The dissent saw the case very differently. It viewed the law as a reasonable health measure aimed at a dangerous trade, since bakers worked long hours in difficult conditions. That disagreement is what makes Lochner such a useful case in Con Law I: it shows how the same constitutional text can support either strong judicial review of economic regulation or strong deference to legislatures.

The case also launched what later scholars call the Lochner Era, a period when the Court often struck down labor and economic regulations. Even today, when professors mention Lochner, they are often pointing to a broader question: when should judges step in and say a state has gone too far in regulating the economy, and when should they leave policy choices to elected government?

## Why It Matters

Lochner v. New York matters because it is one of the clearest examples of the Court using substantive due process to protect economic liberty. If you are tracing how the Fourteenth Amendment has been interpreted, Lochner shows an older approach that treated freedom to contract as a constitutional value worth defending against state labor laws.

It also gives you a clean way to see the tension between police powers and individual rights. States can regulate working conditions, wages, and business practices, but Lochner shows that the Court once believed some regulations crossed the line into unconstitutional interference with private ordering.

In Constitutional Law I, this case often works as a reference point for later doctrinal shifts. When the Court later became more willing to uphold economic regulation, Lochner became the example of what judicial overreach can look like. So the case is not just about bakers, it is about the Court’s role in deciding economic policy.

If you are reading a case and wondering whether the issue is about procedure or a protected liberty, Lochner helps you spot the difference. It is a doctrine marker for economic substantive due process, freedom of contract, and early 20th century constitutional skepticism toward regulation.

## Connections

### [Substantive Due Process](/constitutional-law-i/key-terms/substantive-due-process)

Lochner is one of the classic substantive due process cases because the Court treated liberty under the Fourteenth Amendment as including an economic right to contract. That makes it a good example of how due process can protect more than fair procedures. When you see a case about liberty interests, Lochner helps you ask whether the Court is protecting a substantive right or just reviewing the process used by the state.

### Police Powers

The New York law in Lochner was defended as an exercise of police powers, meaning the state was trying to protect health and safety. The case turns on how far those powers extend before they conflict with constitutional liberty. That tension shows up any time a state regulates work hours, business practices, or public welfare and the question becomes whether the law is genuinely protective or too intrusive.

### Economic Regulation

Lochner is a major case for understanding how courts review economic regulation. The majority treated the bakery-hours law as an unconstitutional burden on private contracts, while the dissent thought it was a normal labor regulation. That split helps you see why later courts moved toward more deference when states regulate wages, hours, and market activity.

### [Compelling Interest Test](/constitutional-law-i/key-terms/compelling-interest-test)

Lochner is not the modern home of the compelling interest test, but it is useful as a contrast. In Lochner, the Court looked closely at whether the state had enough justification for the law, which foreshadows later heightened scrutiny ideas. Comparing them helps you separate older freedom of contract reasoning from newer rights-based review used in other constitutional settings.

## On the AP Exam

A case brief, issue-spotting essay, or cold-call question usually asks you to identify Lochner as a freedom-of-contract case and explain why the Court invalidated the New York bakery law. You should be ready to state the holding, name the constitutional theory, and describe the clash between individual liberty and state police powers.

If a professor gives you a hypothetical about labor rules, hours limits, or business regulation, Lochner gives you the historical frame for analyzing whether the state action looks like permissible welfare regulation or an overreach into economic liberty. In a comparison question, you might contrast Lochner with later, more deferential approaches to economic regulation.

The safest move is to connect the facts to the doctrine. Say why the Court thought the law burdened contract freedom, then explain why that reasoning became controversial later in the course.

## Lochner v. New York vs Substantive Due Process

Lochner v. New York is a case, while substantive due process is the doctrine it illustrates. If you mix them up, remember that Lochner is the example and substantive due process is the legal theory that says liberty under the Due Process Clause can protect certain rights from government interference.

## Key Takeaways

- Lochner v. New York is the 1905 case where the Supreme Court struck down a New York law limiting bakery work hours.
- The majority said the law violated freedom of contract and went too far under the Fourteenth Amendment.
- The case is a classic example of economic substantive due process in Constitutional Law I.
- Lochner also shows the tension between state police powers and constitutional limits on regulation.
- Later courts and scholars often treat Lochner as the symbol of aggressive judicial review of economic policy.

## FAQs

### What is Lochner v. New York in Constitutional Law I?

Lochner v. New York is a Supreme Court case from 1905 that struck down a state law limiting bakers’ working hours. In Constitutional Law I, it is usually taught as a freedom of contract and substantive due process case. It shows how the Court once used the Fourteenth Amendment to limit economic regulation.

### Why did the Court strike down the New York bakery law?

The majority said the law interfered with the liberty of employers and workers to make their own contracts. It treated the statute as more than a health measure and saw it as an unconstitutional burden on economic freedom. The dissent thought the law was a reasonable public welfare regulation.

### Is Lochner v. New York about substantive due process?

Yes. The case is one of the most famous substantive due process decisions because the Court read liberty under the Due Process Clause to include economic liberty. That is why Lochner is often used to talk about freedom of contract and judicial review of state economic laws.

### How do I use Lochner in a class discussion or essay?

Use it when the issue is whether a state economic regulation goes too far. You can cite Lochner to show the older Court approach, then compare it to more deferential treatment of labor and business laws. It is especially useful when discussing police powers, liberty, and the Court’s role in policy choices.

## Related Study Guides

- [16.3 State Police Powers and Economic Regulation](/constitutional-law-i/unit-16/state-police-powers-economic-regulation/study-guide/0df49zn463Ba34mE)
- [20.4 Practical Applications in Supreme Court Decisions](/constitutional-law-i/unit-20/practical-applications-supreme-court-decisions/study-guide/UGIMuCK3yUJ08tCX)
- [1.3 Overview of Constitutional Rights and Liberties](/constitutional-law-i/unit-1/overview-constitutional-rights-liberties/study-guide/ZSmJYYNvtcAAW8x1)

## About This Document

Canonical Fiveable pages are available as Markdown at the same path plus `.md`.

- [llms.txt](https://fiveable.me/llms.txt): index of Fiveable's sections and URL patterns
- [llms-full.txt](https://fiveable.me/llms-full.txt): complete subject and unit listing
- [MCP server](https://fiveable.me/mcp): call Fiveable as tools instead of fetching pages (`https://fiveable.me/api/mcp`)
- [MCP server for AP teachers](https://fiveable.me/mcp/teachers): a teacher's classes, assignments and AP-rubric grading (`https://fiveable.me/api/mcp/teacher`)

## Structured Data

```json
{"@context":"https://schema.org","@graph":[{"@type":"LearningResource","@id":"https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york#resource","name":"Lochner v. New York | Constitutional Law I","url":"https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york","learningResourceType":"Concept explainer","educationalLevel":"AP® / High School","about":{"@id":"https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york#term"},"audience":{"@type":"EducationalAudience","educationalRole":"student"},"dateModified":"2026-07-03T02:21:05.646Z","isPartOf":{"@type":"Collection","name":"Constitutional Law I Key Terms","url":"https://fiveable.me/constitutional-law-i/key-terms"},"publisher":{"@type":"Organization","name":"Fiveable","url":"https://fiveable.me"}},{"@type":"DefinedTerm","@id":"https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york#term","name":"Lochner v. New York","description":"Lochner v. New York is a 1905 Supreme Court case that struck down a New York bakery-hours law because the Court said it violated freedom of contract. In Constitutional Law I, it is the classic example of economic substantive due process.","url":"https://fiveable.me/constitutional-law-i/key-terms/lochner-v-new-york","inDefinedTermSet":{"@type":"DefinedTermSet","name":"Constitutional Law I Key Terms","url":"https://fiveable.me/constitutional-law-i/key-terms"}},{"@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What is Lochner v. New York in Constitutional Law I?","acceptedAnswer":{"@type":"Answer","text":"Lochner v. New York is a Supreme Court case from 1905 that struck down a state law limiting bakers’ working hours. In Constitutional Law I, it is usually taught as a freedom of contract and substantive due process case. It shows how the Court once used the Fourteenth Amendment to limit economic regulation."}},{"@type":"Question","name":"Why did the Court strike down the New York bakery law?","acceptedAnswer":{"@type":"Answer","text":"The majority said the law interfered with the liberty of employers and workers to make their own contracts. It treated the statute as more than a health measure and saw it as an unconstitutional burden on economic freedom. The dissent thought the law was a reasonable public welfare regulation."}},{"@type":"Question","name":"Is Lochner v. New York about substantive due process?","acceptedAnswer":{"@type":"Answer","text":"Yes. The case is one of the most famous substantive due process decisions because the Court read liberty under the Due Process Clause to include economic liberty. That is why Lochner is often used to talk about freedom of contract and judicial review of state economic laws."}},{"@type":"Question","name":"How do I use Lochner in a class discussion or essay?","acceptedAnswer":{"@type":"Answer","text":"Use it when the issue is whether a state economic regulation goes too far. You can cite Lochner to show the older Court approach, then compare it to more deferential treatment of labor and business laws. It is especially useful when discussing police powers, liberty, and the Court’s role in policy choices."}}]},{"@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Constitutional Law I","item":"https://fiveable.me/constitutional-law-i"},{"@type":"ListItem","position":2,"name":"Key Terms","item":"https://fiveable.me/constitutional-law-i/key-terms"},{"@type":"ListItem","position":3,"name":"Unit 16","item":"https://fiveable.me/constitutional-law-i/unit-16"},{"@type":"ListItem","position":4,"name":"Lochner v. New York"}]}]}
```