It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with... Transactions - Page 115by Maryland State Bar Association - 1911Full view - About this book
| Richard Allen Epstein - Economic liberties (U.S. Constitution) - 2000 - 430 pages
...enactment .... constitutional?" z1 Law Quarterly Review, z1z. is made for people of fundamentally differing views, and the accident of our finding certain opinions...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... | |
| Ian Shapiro - Law - 2001 - 316 pages
...v. New York, 198 US 45, 76 (1905): "[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions...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... | |
| Norman J. Finkel - Law - 2001 - 404 pages
...admonition in Lochner v. New York:39 the Constitution "is made for people of fundamentally differing views, and the accident of our finding certain opinions...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... | |
| John W. Johnson - Law - 2001 - 536 pages
...statement in Lochner v. New York (1905): "[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions...to conclude our judgment upon the question whether the statutes embodying them conflict with the Constitution of the United States." Justice Blackmun... | |
| Steven L. Winter - Law - 2001 - 466 pages
...action. There, Holmes had argued that a constitution, "is made for people of fundamentally differing views, and the accident of our finding certain opinions...shocking ought not to conclude our judgment upon the question."35 Holmes strongly affirmed "the right of a majority to embody their opinions in law" (75)... | |
| Richard P. Horwitz - History - 2001 - 420 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 (1973), quoting Lochner v. New York (1905) (Holmes, J., dissenting). Like Justice... | |
| David C. Brody, James R. Acker, Wayne A. Logan - Law - 2001 - 674 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, 410 US 113, 117, 35 L Ed 2d 147, 93 S Ct 705 (1973), quoting Lochner v New York,... | |
| Edward J. Bloustein - Political Science - 206 pages
...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 finding certain opinions...them conflict with the Constitution of the United States.81 A similar argument may be urged in respect to privacy generally, and the mass publication... | |
| George M. Stephens - Law - 2002 - 224 pages
...relation of the citizen to the State or of laissezfaire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions...statutes embodying them conflict with the (Constitution). "... I think that the word liberty in the 14th Amendment is perverted when it is held to prevent the... | |
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