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" This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that... "
The Outlook - Page 569
1911
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Oliver Wendell Holmes Jr.

G. Edward White - Biography & Autobiography - 2006 - 176 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law . . . The other day we sustained the Massachusetts vaccination law. United States and state statutes...
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Law as a Means to an End: Threat to the Rule of Law

Brian Z. Tamanaha - Law - 2006
...the judges were an improper basis for a constitutional decision. "I strongly believe," Holmes wrote, "that my agreement or disagreement has nothing to...the right of a majority to embody their opinions in law."45 When called upon to make decisions that turn on policy, Holmes felt that the duty of judges...
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Guns and Butter: Setting Priorities in Federal Spending in the ..., Volume 4

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Federal Financial Management, Government Information, and International Security - Budget - 2006 - 96 pages
...of the country does not entertain," and adding that his "agreement or disagreement [with the theory] has nothing to do with the right of a majority to embody their opinions in the law," Holmes proceeded to read out of the Constitution all economic substance: "a constitution...
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The Gilded Age & Progressive Era: A Student Companion

Elisabeth Israels Perry, Karen Manners Smith - Juvenile Nonfiction - 2006 - 433 pages
...say whether he agreed with a law that limited the working hours of bakers, Holmes asserted that his "agreement or disagreement has nothing to do with the right of a majority [of the legislature of the state of New York] to embody their opinions in law," and that "State constitutions...
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The Supreme Court: The Personalities and Rivalries That Defined America

Jeffrey Rosen - History - 2007 - 288 pages
...part of the country does not entertain," he began confidently. "If it were a question whether I agreed with that theory I should desire to study it further...the right of a majority to embody their opinions in law. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics." Although...
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Classics of American Political and Constitutional Thought, Volume 1

Scott J. Hammond, Kevin R. Hardwick, Howard L. Lubert - Political Science - 2007 - 988 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed ckett Publishing Company, Incorporated law. It is settled by various decisions of this court that state constitutions and state laws may regulate...
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Pragmatism, Democracy, and the Necessity of Rhetoric

Robert Danisch - Language Arts & Disciplines - 2007 - 220 pages
...reasonable man" did not share. Even if Holmes "agreed with that theory" his agreement should "have nothing to do with the right of a majority to embody their opinions in the law." Moreover, "a constitution is not intended to embody a particular economic theory, whether...
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I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

Mark Tushnet - Law - 2008 - 260 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate...
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The American Legal System: Perspectives, Politics, Processes, and Policies

Albert P. Melone, Allan Karnes - Courts - 2008 - 724 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...nothing to do with the right of a majority to embody this opinion in law. . . . The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics.27...
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