...moral principle — which he misleadingly calls economic — upon which the majority rested, namely, "The liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same", was "a shibboleth" or a view held only by one group in American society.'' That Holmes regarded Spencer's...

...claim could be seen as a rather naked assertion of the financial class's will-to-power: the claim that "the liberty of the citizen to do as he likes so long...interfere with the liberty of others to do the same" was the principle that governed an array of "fundamental" rights (eg, the right of private property,...

...Holmes, Jr's dissenting opinion in the Lochner v. New York case. Here is how Holmes made his case: The liberty of the citizen to do as he likes so long...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,...

...decisions of this court, "including Sunday laws, usury laws, prohibition of lotteries, and the like. The liberty of the citizen to do as he likes so long...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,...

...with this, interfere with the liberty to contract. Sunday laws and usury laws are ancient examples. A well known writers, is interfered with by school laws, by the Post Office, by every state or municipal...

...economic theory which a large part of the country does not entertain," namely, the "shibboleth" of "[t]he liberty of the citizen to do as he likes so...interfere with the liberty of others to do the same." 15 In reality, the theory in this case is not an economic one, but a constitutional one. Although the...

...with this interfere with the liberty to contract. Sunday laws and usury laws are ancient examples. A more modern one is the prohibition of lotteries. The...writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable,...