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Supreme Court Decision
Adair v. United States
![]() The constitutionality of the Erdman Act was ultimately challenged by an employer who had discharged an employee for union activity, holding that it was an unlawful invasion of property rights protected by the Fifth Amendment and the guarantees of due process. In writing for the Court, Justice John Marshall Harlan suggested the equality of management and labor in the bargaining arrangement, and held the law to be an undue encroachment on personal liberty and private property rights, in violation of the Fifth Amendment. In addition, reaching back into early arguments over substantive due process and the free labor ideology, Justice Harlan associated the right of freedom of contract with the Fifth Amendment. In conclusion he found that attempts to regulate union activity on either side of the bargaining table were outside of Congress' constitutional power under the Commerce Clause, and that there was "no legal or logical connection" between interstate commerce and union membership. Dissenting opinions came from Justice Joseph McKenna, who felt the decision lacked realism, and Justice Oliver Wendell Holmes, who posited that the legislature was, in fact, the right place to initiate limits on the freedom of contract. The precedents set by this decision in labor-management relations remained in place until the socialist groundswell of the New Deal era twenty five years later. Comment on this Decision Read Comments On this decision specifically, ... or on subject Property Rights ... or on subject Labor ... or on subject Freedom of Contract Write your Congressmen on this issue. Other decisions pertaining to Property Rights: Adkins v. Children's Hospital [261 U.S. 525 (1923)] Taft Court Chicago, Milwaukee and St. Paul Railway Co. v. Minnesota [134 U.S. 418 (1890)] Fuller Court Dartmouth College v. Woodward [17 U.S. 518 (1819)] Marshall Court Hammer v. Dagenhart [247 U.S. 251 (1918)] White Court Hawaii Housing Authority v. Midkiff [467 U.S. 229 (1984)] Burger Court Hepburn v. Griswold [75 U.S. 603 (1870)] Chase Court Holden v. Hardy [169 U.S. 366 (1898)] Fuller Court Kelo v. City of New London [04-108 (2005)] Rehnquist Court Knox v. Lee, Parker v. Davis [79 U.S. 457 (1871)] Chase Court Lochner v. New York [198 U.S. 45 (1905)] Fuller Court Muller v. Oregon [208 U.S. 412 (1908)] Fuller Court Munn v. Illinois [94 U.S. 113 (1877)] Waite Court Murray's Lessee v. Hoboken Land and Improvement Co. [59 U.S. 272 (1856)] Taney Court Pennsylvania Coal Co. v. Mahon [260 U.S. 393 (1922)] Taft Court Santa Clara Co. v. Southern Pacific Railroad Co. [118 U.S. 394 (1886)] Waite Court Slaughterhouse Cases [83 U.S. 36 (1873)] Chase Court Southern Railway Co. v. United States [222 U.S. 20 (1905)] White Court Truax v. Corrigan [257 U.S. 312 (1921)] Taft Court Youngstown Sheet and Tube Co. v. Sawyer [343 U.S. 579 (1952)] Vinson Court
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