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Which examples of government regulation did Justice Holmes cite to support limits on freedom of contract?
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In his dissent in Lochner v. New York, Justice Oliver Wendell Holmes, Jr. argued that the stateās authority to regulate the freedom of contract was well-established by historical precedent. To support this position, he specifically cited laws prohibiting usury and laws prohibiting work on Sundays as examples of government regulations that legitimately limit contractual freedom.1
Holmes used these examples to emphasize that the Constitution should not be interpreted as embodying any specific economic theory, such as laissez-faire, and that the state possesses the right to interfere with such liberties when reflecting the dominant opinion of the public.1