Due Process and Economic Rights-  Old Regime (Lochner)	Due Process and Economic Rights- New Regime (Nebbia, Lee Optical to present)
1.  Some government economic objectives are illegitimate.	1.  Government is free to choose among economic objectives.
2.  Laws that unduly burden liberty of contract and property rights will be struck down.	2.  Government may choose any rational means-even if it severely burdens liberty of contract or property rights.
3.  Government must use less restrictive, less burdensome means to achieve its legitimate objectives.	3.  Government need not use less restrictive, less burdensome means even if they are available and even if they would achieve gov’t objectives equally effectively or even more effectively.
4.  Court is free to second guess legislative fact finding in reviewing constitutionality of laws.	4.  Court will not second guess legislative fact finding.  Moreover, court will presume legislature had rational basis for law even if no facts in record support that conclusion.
5.  Laws that interfere with economic rights will be struck down if the means are not directly related to achieving a legitimate end.	5.  Laws that interfere with economic rights will only be struck down if the means are not rationally related to a legitimate end.