MBE Rules · Constitutional Law
Economic Substantive Due Process
Williamson v. Lee Optical
The rule
Economic and social regulation receives rational-basis review; courts hypothesize legitimate purposes and uphold laws unless wholly arbitrary — Lochner-era scrutiny is dead.
In plain English
Economic substantive due process involves the protection of economic rights from government interference. Courts apply a rational-basis review, meaning they will uphold laws if there is a legitimate government purpose that is not completely arbitrary.
Worked example
A state passes a law limiting the number of hours a bakery can operate each week, claiming it is for public health. The bakery owner challenges the law, arguing it violates his economic rights. The court applies rational-basis review and upholds the law, finding the state's interest in public health to be a legitimate purpose.
Memory hook
Rational basis means the law just needs a reason, not a good one.
The trap
Exams may present laws that seem overly burdensome on economic rights, leading students to mistakenly apply strict scrutiny instead of recognizing the rational-basis standard.
How examiners test it
Questions often involve hypothetical economic regulations, requiring students to identify the appropriate level of scrutiny and analyze the legitimacy of the government's purpose.
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