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What was Justice John Marshall Harlan's main argument in dissent in Lochner v. New York?
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In his dissent in Lochner v. New York, Justice John Marshall Harlan argued that the stateās police powerāthe authority to regulate for the protection of public health, safety, and welfareāis broad and fundamental.
Harlan maintained that the Fourteenth Amendment was never intended to interfere with this power. While he acknowledged that the liberty of contract is a protected right, he asserted that it must remain subordinate to the state's legitimate exercise of its police power to safeguard the lives and health of its citizens.1