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
| Felix Frankfurter, James McCauley Landis - Political Science - 390 pages
...constitution is not intended to embody a particular economic theory"32 and that the "accident" of the Court "finding certain opinions natural and familiar or...them conflict with the Constitution of the United States " 33 seemed at last to have been heeded, in the regard which was paid in Midler v. Oregon to... | |
| James E. Fleming - Law - 2006 - 350 pages
...dissent in Lochner: "[T]he fact that [such] moral judgment . . . may be 'natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States.'" Id. at 199 (Blackmun, J., dissenting) (quoting Lochner v. New York, 198 US 45, 76 [1905]... | |
| Frederic R. Kellogg - Philosophy - 2006 - 177 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...and familiar, or novel and even shocking, ought not conclude our judgment upon the question whether statutes embodying them conflict with the Constitution... | |
| Michael G. Kammen - 582 pages
...particular economic theory.... It is made for people of fundamentally differing views, and the accident of finding 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... | |
| Cass R. Sunstein - Law - 2009 - 314 pages
...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... | |
| Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert - History - 2007 - 988 pages
...relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing stances as to preclude the giving of effective aid...adverted to, "that there are certain immutable principles States. General propositions do not decide concrete cases. The decision will depend on a judgment or... | |
| Robert Danisch - Language Arts & Disciplines - 2007 - 220 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" (149). Holmes was striking out at the idea that a judge's underlying assumptions often are... | |
| Tinsley Yarbrough - Biography & Autobiography - 2008 - 424 pages
...signature case of the laissez-faire era: "[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."38 The justice also did his best to accommodate the recommendations and feelings of his colleagues... | |
| Mark Tushnet - Law - 2008 - 260 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. General propositions do not decide concrete cases. The der cision will depend on a judgment... | |
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