...Justice Oliver Wendell Holmes insisted that the extratexrual basis for the majority's decision was "an economic theory which a large part of the country does not entertain" — namely, laissez-faire capitalism. 30. 410 US 113, 93 S.Ct. 705 (1973). Justice Harry A. Blackmun,...

...liberty of the citizen under the Fourteenth Amendment.66 Justice Holmes strongly criticized the result: This case is decided upon an economic theory which...or disagreement has nothing to do with the right of the majority to embody their opinions in law I think that the word liberty in the xivth Amendment is...

...should respect economic legislation that is rationally related to a legitimate policy goal, lie wrote: This case is decided upon an economic theory which...study it further and long before making up my mind. Hut I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement...

...respect economic legislation that Is rationally related to a legitimate policy goal. He wrote: I his case is decided upon an economic theory which a large...were a question whether I agreed with that theory, 1 should desire to study it further and long before making up my mind. iStit I do not conceive that...

...Ibis case is decided upon an economic theory which a large pan of the country does not entertain. If h were a question whether I agreed with that theory....study it further and long before making up my mind liut I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement...

...his famous dissent in Lochner v. New York, for example, he chastised the Court for deciding the case "upon an economic theory which a large part of the country does not entertain." He also insisted that "the word liberty in the Fourteenth Amendment is perverted when it is held to...

...majority's embrace of this principle insinuated into the sacred precincts of constitutional doctrine "an economic theory which a large part of the country does not entertain," transforming laissez-faire doctrine into "the right of a majority to embody their opinions in law"...

...3. These are discussed as these elucidate and support his politics. Chapter One Themes and Problems 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. —Oliver Wendell Holmes...

...Holmes in his famous dissent in Lochner v. New York, 198, US 45 (1905). Declaring that the case was "decided upon an economic theory which a large part of the country does not entertain," and adding that his "agreement or disagreement [with the theory] has nothing to do with the right of...

...dissents in American legal history, Justice Oliver Wendell Holmes chastised the Court for enacting "an economic theory which a large part of the country does not entertain." "The Fourteenth Amendment," he memorably announced, "does not enact Mr. Herbert Spencer's social statistics."...