120 PART TWO (NDIVIDUAL RIGHTS CHAPTER 6 ECONOMIC RIGHTS AND OPPORTUNITIES 121 小而及（传国.世乏批） Protestants from the British Isles and northern Europe whose religious values u效 made virtues of hard work and thrift.Rather quickly,these early Americans 100 came to believe that their liberty included the freedom to establish themselves economically and that their rights included those of property. 80 To the writers of the U.S.Constitution,protection of property was primarily an issue of restraints on government.Of course,government had to have 6的 economie resources of its own,so it had to have the power to tax property.But, in the Framers'view,government's chief economic duty was not to interfere in property relations.Their guiding philosophy was that of negative government. 0 which holds that government governs best by staying out of people's lives,thus giving individuals as much freedom as possible to determine their own pursuits. 20 Liberty is enhanced when government refrains from acting.As Thomas FIGURE 6-1 Opinions on Jefferson said in his first inaugural address in 1801, Property and Capitalism Americans strongly believe in the 0 a wise and frugal government,which shall restraln men from injuring one another, value of property rights and free enterprise.Source:Adapted frow Our freedom On the whole Private ownership which shall leave them otherwise free to regulate their own pursuitsof industry and Private ownership of property is of property is as shall ot takefrom abr the.This The American Ethos:Public system is jus对 is the sum of good govemment. Attitudes toward Capitalism and good society as Democracy (Cswbridre,Msss The concept of negative government is embodied in the contract clause and 服Age Disagree the Fifth and Fourteenth amendments of the Constitution.These provisions are "No State shall. make I33,140es5-】a5-3. barriers to government usurpation of property.The Constitution protects aything but gold and silver property chiefly through due process of law,which,as we noted in Chapter 5, coin a tender in payment of most people had no sphere of privacy:even the most intimate aspects of their can take either substantive or procedural form. debts;[nor pass any...Iw mpiring the ablig婴iomc lives were subject to the prying eyes of the ruling class. contructs.,,” America offered an altemative.Its open land and vast wilderness made it U.S,Constitution,Article I, relatively easy for individuals to acquire property and establish an independent SUBSTANTIVE DUE-PROCESS PROTECTION OF PROPERTY section 10 (the contract life.The situation appealed to the new immigrants,most of whom were clause) For a lengthy period in American history,substantive due process,which is concerned with the reasonableness of a law (see Chapter 5),was a major 2N0s0刚sell..be protection of propertied interests,particularly big business.Through its sub- deprived o时fe,liberty.or stantive due-process rulings,the Supreme Court blocked legislation affecting property,pithout due proce寸 such areas as workers'wages,hours,and unions.In Locker v.New York(1905), be taken for pubiic wse without for example,the Court invalidated a New York statute that forbade bakery firms to require employees to work more than sixty hours a week.The Court said: U.S.Constitution, "There is no reasonable ground for interfering with the...right of free Fifth Amendment contract....They [bakers]are in no sense wards of the state."The right of contract was presumed to protect business from govermental regulation of "No State shalt...deprive any employer-employee relations.Sir Henry Maine wrote that the Constitution's P7sa时f,bery.o property,without due process of contract clause "is the bulwark of American individualism against democratic aw. impatience and socialist fantasy." U.S.Constitution, The Supreme Court's support of business interests had begun long before Fourteenth Amendment Lockner.The Court concluded in 1810 that the Constitution's contract clause, which was originally designed to govern the relationship between individual In America's colonial times, work was hard bat opportunities were abundant as a people's commitment to Seymour Martin Lipset,The First New Nalion (New Yark:Basic Books,1963).ch.3 self-reliance was heightened. TLocker v.Ne York,198 U.5.25 (1905) (The Bettmann Archive) Quoted in Geoffrey R Stone,Louis M.Seidm