The Right to Earn a Living

Learn about the case of Nebbia v. New York and the rational basis test – and why they have taken away your liberty. Nebbia is a fascinating case that gave the government total power over everything.

From the description: “Sandefur discusses the “four big Progressive ideas” that came about during the New Deal-era Supreme Court in the 1930’s. They include: 1) Rather than being inherent, rights are permissions given to individuals by the state; 2) Government exists to “improve” society, not to protect individual rights; 3) A reading of judicial restraint that means when government violates your rights, the courts should do nothing about it; and 4) Belief in a “living Constitution,” that will be radically reinterpreted in various contexts. ”

Nebbia v. New York, 291 U.S. 502 (1934),[1] was a case in which the Supreme Court of the United States determined whether the state of New York could regulate [control and set] the price of milk for dairy farmers, dealers, and retailers.

Following the hearings, in 1933, the state of New York established a Milk Control Board that was empowered to set maximum and minimum retail prices. The Board set the price of a quart of milk at nine cents. This price reflected the then-current market price, and the purpose of this order was to prevent price-cutting.[2] Nevertheless, the public suspected that the Board’s intent was to benefit the dairy dealers instead of farmers because the minimum prices for the two sides were not the same. Tensions ran so high that violent milk strikes took place throughout the state, resulting in two deaths and a great deal of property damage.[3] Every public hearing of the Milk Control Board resulted in a “tumultuous, popular assemblage” and its every action was “Statewide news.”[4]

If you want some more serious history, listen to Profs. Murray Rothbard’s lectures for free here.

They will leave your jaw on the floor. This is everything your history teacher didn’t want you to hear.