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" 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 213
edited by - 1905
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Privacy and the Constitution, Volume 1

Madeleine Mercedes Plasencia - Civil rights - 1999 - 392 pages
...admonition in his nowvindicated dissent in Lochner v. New York, 198 US 45, 76 (1905): "[The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States." I The Texas statutes that concern us here are Arts. 1191-1194 and 1196 of the State's Penal...
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The Human Rights Act and the Criminal Justice and Regulatory Process: The ...

Jack Beatson - Law - 1999 - 175 pages
...11 1 EHRR 737 (1979-80),, at 753-4, para. 48. 12 In Lochner v. New York, 198 US 45, 76 (1905). 66 67 differing views, and the accident of our finding certain...them conflict with the Constitution of the United States.' The ECHR has indicated that the margin of appreciation is narrower than that of Wednesbury...
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The Reasonableness of the Law

Charles W. Bacon, Franklyn S. Morse - Law - 2000 - 420 pages
...in the constitution of California. Otis v. Parker, 187 US 606. The decision sustaining an eight hour law for miners is still recent, Holden v. Hardy, 169...them conflict with the Constitution of the United States. Every opinion tends to become a law. I think the word liberty in the Fourteenth Amendment is...
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Congress Confronts the Court: The Struggle for Legitimacy and Authority in ...

Colton C. Campbell, John F. Stack - Law - 2001 - 344 pages
...laws and usury laws are ancient examples. A more modern one is the prohibition of lotteries. . . . But a constitution is not intended to embody a particular...them conflict with the Constitution of the United States. (Lochner v. New York 1905, 546) The Lochner Court's application of substantive due process,...
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American Legal Thought from Premodernism to Postmodernism: An Intellectual ...

Stephen M. Feldman - Law - 2000 - 288 pages
...Justice Holmes' admonition in his now- vindicated dissent in Lochner v. New York: "[The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States."22 Hence, Blackmun 's method in this albeit brief and oblique introductory passage was to establish...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - Law - 2000 - 198 pages
...Holmes' admonition in his now-vindicated dissent in Lochner v. New York . . . : [The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States. . . . The Texas statutes . . . make it a crime to "procure an abortion," as therein defined,...
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American Legal Thought from Premodernism to Postmodernism: An Intellectual ...

Stephen M. Feldman - Law - 2000 - 288 pages
...Justice Holmes' admonition in his now-vindicated dissent in Lochner v. New York; "[The Constitution] ts made for people of fundamentally differing views,...them conflict with the Constitution of the United States."22 Hence, Blackmun 's method in this albeit brief and oblique introductory passage was to establish...
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Constitutional Protection of Private Property and Freedom of Contract

Richard Allen Epstein - Economic liberties (U.S. Constitution) - 2000 - 430 pages
...supposed to exist which would make such an enactment .... constitutional?" z1 Law Quarterly Review, z1z. is made for people of fundamentally differing views,...conclude our judgment upon the question whether statutes emhodying them conflict with the Constitution of the United States." fpp. 75-76.l Finally, we have...
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Minimum Wage: Hearings Before the Committee on Education and the ..., Volume 4

United States. Congress. House. Committee on Education and the Workforce - Business & Economics - 2000 - 600 pages
...relation of a citizen to the state or of laissez-faire. It is made for people of fundamentally different views, and the accident of our finding certain opinions...novel and even shocking ought not to conclude our judgement upon the question whether statutes embodying them conflict with the Constitution of the United...
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Commonsense Justice: Jurors’ Notions of the Law

Norman J. Finkel - Law - 2001 - 404 pages
...altogether, quoting with approval38 Justice Holmes's admonition in Lochner v. New York:39 the Constitution "is made for people of fundamentally differing views,...them conflict with the Constitution of the United States."40 This quote bolsters Blackmun's point that even if laws seem "natural and familiar" and appear...
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