Throughout
history, the Supreme Court has made numerous decisions and constitutional
rulings which have changed the shape of the United States’ national and state
economies. These decisions have covered things such as the contracts clause,
regulation of private industry, minimum wage, work hours, and government
takings. These decisions, and their effects have had a profound influence on
the economic rights of Americans. Our Constitution provides several key
components which have helped the court in legal battles involving the
protection of economic rights for citizens. This is true for matters in which Americans
act as both members of a firm marketing goods & services, or an individual
selling their labor. Some of the
court’s rulings have increased regulations on Americans, and some have greatly
limited the State’s power, but ultimately, the Court’s doctrine in this area has
proved to be an effective and indispensable factor in preserving American
economic freedom.
Every American has a right to natural resources,
especially when they come in the form of a public good, like the water in a river,
or just the use of the river itself. These types of things are public goods and
are therefore nonexcludable. Many then believe that the public’s use of these
goods should be protected by the State. In the 1870s’ the Mississippi
River had become immensely polluted by slaughterhouses that were discarding
pieces of dead animals into the river. There was a cholera outbreak in Louisiana
and people were unable to utilize the river’s water without becoming sick. The
Supreme Court ruled in the Slaughter-House Cases of 1873, that the
Louisiana govt. was right to prohibit slaughterhouses upstream and centralize
the industry downriver. Thus, the court worked to defend the freedom of the
state’s citizens to enjoy this public good, while of course following the harm
principle. In a 1908 case, Adair v. United States, the Supreme Court
struck down Congress’ “Erdman Act.” This law prohibited “yellow-dog contracts”
in railroads engaged in interstate commerce. What these did was prohibit
railroad officials from denying employment to workers based on their membership
in labor unions. The court’s decision here was to strike down the act. With
this decision, the Supreme Court protected the freedom of contract for employees
and employers. In the US, citizens have a right to sell their labor and provide
jobs to who they please. The court protected this right and employers were once
again permitted to exit a business relationship with individuals.
Another significant decision in which the Supreme court
advanced economic freedom for Americans was Lucas v. South
Carolina Coastal Council in 1992. An individual in South Carolina
had purchased two expensive lots of land with the intent to construct homes on
them. The state government shortly after, passed a law which prohibited this
very action on the land in question. The man’s land was in effect, completely
devalued. He could no longer do what he set out to do here and the lots were worthless
to him, and his investment was destroyed. Legal action ensued against South Carolina
and the case made it to the Supreme Court. They once again preserved economic
liberty for Americans. They ruled that this was a violation of the “takings
clause” of the 5th Amendment. This has it that people’s property
cannot be taken without just compensation. In this case, any justice could
argue that a devaluation of an individual’s land does not mean the government
has “taken” it. The decision though was that the state’s new law, having crashed
the value of Lucas’ land, meant that they had performed a taking. Just
compensation was inevitably provided to reimburse Lucas for the investment they
had ruined. This is yet another example of how our country’s Supreme Court has,
in most cases, actively defended economic freedom for Americans; hopefully they
continue the practice.