...certain opinions natural and familiar or novel and even shocking ought not to conclude our judgement upon the question whether Statutes embodying them conflict with the Constitution of the United States" (Lochner, 76). 62. On the "marginal revolution" in legal and economic thought, see Siegel,...

...embody a political economic theory." He contended that 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." In a much-quoted phrase, Holmes said, with evident sarcasm, that the "Fourteenth Amendment...

...famous dissent in Lochner (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."10 Personal preference has no relevance for constitutional interpretation. Holmes's judges...

...The hero for opponents of Lochner's alleged activism was Justice Holmes, who argued in dissent that 'the accident of our finding certain opinions natural...ought not to conclude our judgment upon the question of whether statutes embodying them conflict with the Constitution.'8 For Lochner's critics, the Court's...

...be because of fortuities of our lives and circumstances. Hence Holmes's remarkable suggestion that the "accident of our finding certain opinions natural and familiar or novel and even shocking" is beside the constitutional point. Holmes meant exactly what he said. With few exceptions, he believed...

...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.1 More recent cases use testier language. In 2.002., a majority of the Court held that execution...

...theory, whether of paternalism ... 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 ... I think the word liberty in the Fourteenth Amendment is perverted when it is held to prevent...

...Justice Holmes' admonition. . . : "(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." —From Roe et. al vs. Wade, 410 US 113 (1973). Reprinted at the CNN Web site, http://www.cnn.com/SPECIALS/199...

...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. Holmes added this crucially important point of jurisprudence, one that is the rule now rather...

...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. ... I think that the word "liberty," in the Fourteenth Amendment, is perverted when it is held...