Research Paper (minimum of 500 words total for two prompts)
Employment Law (heading)
In Lochner v. New York, 198 U.S. 45 (1905) the Supreme Court reviewed a New York minimum work hours law for bakers, Bakeshop Act, which prohibited New Yorkers from working in a bakery more than 10 hours in one day or 60 hours per week. The Supreme Court held the Bakeshop Act interfered with the freedom of contract and the right to liberty afforded to employers and workers under the Due Process Clause of the Fourteenth Amendment. The Court reasoned
The general right to make a contract in relation to his business is part of the liberty protected by the Fourteenth Amendment, and this includes the right to purchase and sell labor, except as controlled by the [state] in the legitimate exercise of its police power. Liberty of contract relating to labor includes both parties to it; the one has as much right to purchase as the other to sell labor. There is no reasonable ground, on the score of health, for interfering with the liberty of the person or the right of free contract, by determining the hours of labor, in the occupation of a baker. Nor can a law limiting such hours be justified as a health law to safeguard the public health, or the health of the [persons] following that occupation. (198 U.S. 45, 45 (1905))
https://supreme.justia.com/cases/federal/us/198/45/
https://www.oyez.org/cases/1900-1940/198us45
Lochner was overturned by West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937). Under Washington state law, the Industrial Welfare Committee and Supervisor of Women in Industry set a minimum wage of $14.50 for each work week of 48 hours. Parrish, an employee of the West Coast Hotel Company, received an amount less than this wage. The Supreme Court held that the establishment of minimum wages for women was constitutional and did not violate the Due Process Clause of the Fourteenth Amendment. The Court reasoned
Deprivation of liberty to contract is forbidden by the Constitution if without due process of law, but restraint or regulation of this liberty, if reasonable in relation to its subject and if adopted for the protection of the community against evils menacing the health, safety, morals and welfare of the people, is due process. (300 U. S. 379, 391 (1937)). In dealing with the relation of employer and employed, the legislature has necessarily a wide field of discretion in order that there may be suitable protection of … freedom from oppression (300 U.S. 379, 393 (1937)).
https://supreme.justia.com/cases/federal/us/300/379/
https://www.oyez.org/cases/1900-1940/300us379
The Fair Labor Standards Act (FLSA) of 1938, a federal law, stablishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The FLSA applies only to covered employers. https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#2
There are other Supreme Court cases that are relevant and can be used in support of a student’s conclusion.
1. First Document: Research Paper (minimum of 500 words total for two prompts) Continued:
Prompt 1: Write a persuasive argument supporting or opposing the government’s interference with liberty to contract between an employer and worker. Focus on legal arguments supporting either liberty to contract or government restrictions on liberty to contract based on public interest. Research on historical events may also be used to support the conclusion. Do not include morals, ethics, or any analysis other than a legal and historical analysis.
* Support the conclusion using only Supreme Court of the United States cases, federal laws, and historical events. Be specific. Define and explain important terms and federal laws. If a student uses a Supreme Court case identify and explain case facts, holding, and the reason for the holding.
Argumentative essay writing explanation: https://owl.purdue.edu/owl/general_writing/academic_writing/essay_writing/argumentative_essays.html
Christian Ethics (heading)
Prompt 2: From a Christian worldview, explain whether it is ethical or unethical for the government to establish a minimum wage for workers, thus interfering with employers and workers liberty to contract.
* Explain and support the conclusion using more than one directly quoted Bible verse. If needed, students may also use biblical scholars to support and explain the specific Bible verses or conclusion.
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
Employment Law
Prompt 1: Government Interference with Liberty to Contract
The debate surrounding government interference with the liberty to contract between employers and workers has been a contentious issue in American legal history. The Supreme Court rulings in Lochner v. New York (1905) and West Coast Hotel Co. v. Parrish (1937) provide contrasting perspectives on this matter.
In Lochner v. New York, the Supreme Court struck down New York’s Bakeshop Act, which set limits on the working hours of bakers. The Court held that such legislation interfered with the freedom of contract protected by the Fourteenth Amendment. Justice Peckham, writing for the majority, argued that there was no valid reason, whether related to health or public interest, to restrict the hours of labor for bakers. This decision emphasized the principle of contractual freedom and limited government intervention in economic relations.
Conversely, the West Coast Hotel Co. v. Parrish case marked a shift in judicial attitude towards labor laws. In this case, the Supreme Court upheld Washington state’s minimum wage law, rejecting the notion that such regulations violated the Due Process Clause. Justice Hughes, delivering the opinion, highlighted that reasonable regulations aimed at protecting the health, safety, and welfare of workers were constitutional and fell within the state’s police power.
The Fair Labor Standards Act (FLSA) of 1938 further solidified the government’s role in regulating labor relations by establishing minimum wage standards and overtime pay requirements. This federal law demonstrated a recognition of the need to balance economic interests with social welfare concerns.
While historical events like the Lochner era underscored a more laissez-faire approach to economic regulation, subsequent developments such as the New Deal reforms and the FLSA reflected an acknowledgment of the government’s responsibility to safeguard workers’ rights and promote fair labor practices.
In conclusion, a legal analysis reveals that while the liberty to contract is a fundamental right protected by the Constitution, government restrictions on this liberty can be justified when they serve legitimate public interests such as safeguarding workers’ well-being and ensuring economic fairness.
Christian Ethics
Prompt 2: Ethical Implications of Government-Mandated Minimum Wage from a Christian Worldview
From a Christian perspective, the question of whether it is ethical for the government to establish a minimum wage involves considerations of justice, compassion, and stewardship. The Bible provides guidance on issues related to labor, fair compensation, and care for the vulnerable.
In Leviticus 19:13, it is stated, “You shall not oppress your neighbor or rob him. The wages of a hired worker shall not remain with you all night until the morning.” This verse emphasizes the importance of just wages and timely compensation for labor. It underscores God’s concern for fair treatment of workers and highlights the ethical imperative of ensuring that individuals are compensated fairly for their work.
Proverbs 31:8-9 further emphasizes the call to speak up for those who cannot advocate for themselves: “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” This passage underscores the Christian duty to protect the vulnerable and promote social justice, including fair wages and dignified work conditions.
In light of these biblical principles, it can be argued that government-mandated minimum wage laws are consistent with Christian ethics. By setting a floor on wages, such laws aim to prevent exploitation, alleviate poverty, and uphold human dignity. They reflect a commitment to justice and compassion towards those who may be marginalized or economically disadvantaged.
While some may view minimum wage regulations as an infringement on liberty to contract, from a Christian worldview, such measures can be seen as a means of advancing God’s call for fairness, compassion, and stewardship in economic relationships. Just as Jesus taught about caring for the least among us, ensuring fair wages through government intervention aligns with Christian values of love, justice, and solidarity with the vulnerable in society.
