The 14th amendment doctrine of substantive due process was a product of uniquely American version of classical political economy. In England, where land is scarce, labour restive and social and economic mobility quite restricted, classicism strict preference for the market had given way of 1850 to much more interventionist use of the role of the state. Economists such as John Stuart Mill and late Alfred Marshall supported Sunstate impose risk each redistribution of wealth.
But America after the Louisiana purchase 1803 the abundance of undeveloped land and experience (rapid economic growth and apparently high mobility for those were ambitious. With the classical version, every labourer could quite easily become a landowner or entrepreneur never mind is not include slaves or in most States women. Adam Smith historical reference to the unrestrained market persisted in United States on after it was tempered in England. The Supreme Court justices may not have read the classical political economist directly that they were quite familiar with Thomas and coolies thoroughly classical treatise on the Constitution limitations which rests upon the legislative power of the states of the American union in 1868 which provided the intellectual foundation substantive due process as a constitutional doctrine.

Substantive due process unlike contract was doctrine regulated not merely the sanctity of pre-existing contracts but also the right of people to enter into various kinds of contracts. The eerie was hardly period of dry formalism has Roscoe Pound and other progressive critics suggested a rather a great judicial creativity. For example, in the case of reedbeds 1895 court cuts and new cloth the doctrine that the executive branch has the power to protect interstate commerce from labour disputes in the Congress has passed statute authorising executives action. An ex parte young 1908 Justice Rufus click held that the sovereign immunity provision of the 11th amendment did not apply when a private parties is to enjoy state official from enforcing a constitutional statute because the official is stripped of his official representative character. In this case the statute was a railroad rate regulation alleged to violate the due process of law.
The most controversial of the Supreme Court substantive due process decisions was lock against New York in 1905 was struck down statute that they bankers from working more than 10 hours per day 60 hours per week. The court also struck down statutes are regulated product quality. For example in J Burns baking company against Rhein in 1924 be upset statute requiring standardisation waits the breadth and in Weaver against Parma Bros in 1926 statute regulating the quality of the materials.

One of the most frequent targets the substantive due process analysis was rate regulation in mind against Illinois 1877 which had preceded the substantive due process era, the Supreme Court permitted a state to regulate an unincorporated firms prices provided that operated in the market affect the public interest. These markets include enterprises are traditionally been accorded monopoly protection or eminent domain power such as shipping lines common carriers in the case of mine grain elevator is.

But in later times court may clear the states that the general power to regulate rates further, the property is deciding what kinds of industries are affected with the public interest belong to the courts as in Tyson and brother United Foods and offices against Banton of 1927. Perhaps most famous decision involving price regulation is actions against Children's Hospital of 1923 which overturned Washington DC minimum wage law that applied only to women. The Supreme Court, using language borrowed from classical political economists concluded that the right of an owner to fix a price at which is property shall be sold or used is an inherent attribute of the property itself and there is a moral climate or just equivalence between the price to be charge from labour in the value employed of places upon it.