...reliance on cooperative federalism, Justice Oliver Wendell Holmes denounced the activism of the Court: This case is decided upon an economic theory which a large part of the country does not entertain. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... It is settled...

...judicial hymn to laissez-faire ideology. The other opinion, a dissent by Holmes that announced that "[t]his case is decided upon an economic theory which a large part of the country does not entertain," and suggested that "the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics,"'...

...opinion of Justice Holmes is one of the most famous of American judicial opinions. The case, he said, was decided upon an economic theory which a large part of the country does not entertain. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... I think lhal...

...Black "heard from the people," one might recall Holmes's comment in Lochner that the case had been decided "upon an economic theory which a large part of the country does not entertain."139 One might also note Brandeis' famous talk on "the living law" and his charge that courts...

...Court's archetypal anti-Progressive decision, Lochner v. New York. "This case is decided," he charged, "upon an economic theory which a large part of the country does not entertain." l7 Given his positivism, his attack on Swift, and his rejection of substantive due process, Holmes...

...majorities." Justice Holmes dissented from the Peckham opinion with some of his best known rhetoric: "This case is decided upon an economic theory which a large part of the country does not entertain. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... I think that...

...elite. The most influential imputation of this idea was Justice Oliver Wendell Holmess Lochner dissent: "This case is decided upon an economic theory which a larg'e part of the country does not entertain. . . . The 14th Amendment does not enact Mr. Herbert Spencers Social Statics."12 Holmess assertion was...

...Lochner, 198 US at 75 (Holmes, J. dissenting) (criticizing Lochner majority for deciding the case based "upon an economic theory which a large part of the country does not entertain"); Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment 249-82 (1977);...

...contractual liberty enshrined in the substantive interpretation of the due process clause. Holmes dissented: This case is decided upon an economic theory which a large part of the country does not entertain. [. . .] [A] Constitution is not intended to embody a particular economic theory, whether of paternalism...

...regulations, the Court ruled that only the states could do so. Justice Holmes argued in dissent that this case is decided upon an economic theory which a large part of the country does not entertain. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... A constitution...