But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views, and the accident of our... The Law Quarterly Review - Page 213edited by - 1905Full view - About this book
| Jonathan Goldberg - Homosexuality - 1994 - 312 pages
...that the moral judgments expressed by statutes like §l6.,6.,2 may be " 'natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States.' " Roe v. Wade. 4I0 US l l3, l l7. 93 S.Ct. 705, 709, 35 L.Ed.2d l47 ll973l, quoting Lochner... | |
| Bernard Schwartz - History - 1993 - 480 pages
...that it is irrelevant whether the judges share the "convictions or prejudices" embodied in these laws: [A] constitution is not intended to embody a particular...them conflict with the Constitution of the United States.46 This proposition. Holmes indicates, may be an exception to his warning against "general propositions."... | |
| Lenora Ledwon - Law and literature - 1996 - 524 pages
...inconsistent with laissez faire. Holmes moves quickly again to the general, remarking that a constitution "is made for people of fundamentally differing views,...them conflict with the Constitution of the United States."" But of course the majority had never said it should — it merely said the statute was an... | |
| Lenora Ledwon - Law and literature - 1996 - 522 pages
...inconsistent with laissez faire. Holmes moves quickly again to the general, remarking that a constitution "is made for people of fundamentally differing views,...conclude our judgment upon the question whether statutes embaying them confitct with the Constitution of the United States."'" But of course the majority had... | |
| Howard J. De Nike - Ethnological jurisprudence - 1997 - 240 pages
...context: "The decision sustaining an eight hour law for miners is still recent. (Citation omitted.) Some of these laws embody convictions or prejudices...them conflict with the constitution of the United States" (Lochnerv. New York, 198 US 45. 75-76, Holmes, dissenting (1905)). Some commentators have taken... | |
| Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...the constitution of California. The decision sustaining an eight-hour law for miners is still recent. Some of these laws embody convictions or prejudices...them conflict with the Constitution of the United States. General propositions do not decide concrete cases. The decision will depend on a judgment or... | |
| Industrial laws and legislation - 1997 - 452 pages
...an enactment .... constitutional?" 21 Law Quarterly Review, 210. is made for people of fundamentallv differing views, and the accident of our finding certain...and even shocking ought not to conclude our judgment opon the question whether statutes embodying them conflict with the Constitution of the United States."... | |
| Lori Gruen, George E. Panichas - Law - 1997 - 478 pages
...fact that the moral judgments expressed by statutes like §16-6-2 may be "'natural and familiar... ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States.'" Roe v. Wade.... Like Justice Holmes, I believe that "[i]t is revolting to have no better... | |
| Donald T. Dickson - Law - 1998 - 328 pages
...fact that the moral judgments expressed by statutes like §16-6-2 may be "natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States." Like Justice Holmes, I believe that "[it] is revolting to have no better reason for a rule... | |
| Keith Culver - Law - 1999 - 580 pages
...law for miners is still recent. Holden v. Hardy, 169 U. S. 366, 42 L. ed. 780, 18 Sup. Ct. Rep. 383. Some of these laws embody convictions or prejudices...them conflict with the Constitution of the United States. General propositions do not decide concrete cases. The decision will depend on a judgment or... | |
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