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“As Harmless as an Infant”:Deference, Denial, and Adair v. United States

Published online by Cambridge University Press:  03 March 2001

George I. Lovell
George I. Lovell
Affiliation:
College of William and Mary
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Abstract

In 1908, the Supreme Court struck down Section 10 of the Erdman Act of 1898 in the notorious case of Adair v. United States.1 Section 10 made it a misdemeanor for employers in the railroad industry to blacklist members of railroad unions or to require employees to sign “yellow-dog” contracts, that is, contracts promising that the employee would not join a labor union. The Court ruled that Section 10 was unconstitutional because it interfered with the “liberty of contract” allegedly protected by the United States Constitution.

Type
Research Article
Information
Studies in American Political Development , Volume 14 , Issue 2 , October 2000 , pp. 212 - 233
Copyright
2000 Cambridge University Press

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