Summary: This lesson explores the essential background and elements of two progressive era Supreme Court Cases: Lochner v. New York (1905) and Muller v. Oregon (1908). Over three days, students will prepare and execute two separate moot courts hearings. Students will be able to analyze complex legal arguments offered by attorneys, reformers, and Supreme Court Justices; apply constitutional interpretations to collaborate and create original legal opinions and rationales; role-play Supreme Court appellate court procedure; and finally, apply the lessons of Lochner and Muller to current constitutional issues of labor, sex, and gender.
Overarching Questions:
- CIVICS: Have the concepts of liberty, justice and/or equality changed during the time period? If so, how and what has been the impact?
- CIVICS: How well does the government balance individual rights and the common good, including the need to maintain order, safety and a healthy environment, during this time period?
NJ Student Learning Standards for Social Studies:
- 6.1.12. CivicsDP.6. a: Use a variety of sources from multiple perspectives to document the ways in which women organized to promote government policies designed to address injustice, inequality, and workplace safety (i.e., abolition, women’s suffrage, and the temperance movement).
- 6.1.12. CivicsPR.6. a: Use a variety of sources from multiple perspectives to evaluate the effectiveness of Progressive reforms in preventing unfair business practices and political corruption and in promoting social justice.
Link to Lesson: Lochner and Muller: The Labor of Bakers and Protection of Laundry Worker