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
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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