...majorities, inquiry may be returned, whether they are to be at the mercy of judicial majorities. 43 This case is decided upon an economic theory which...does not entertain. If it were a question whether I agree with that theory, I should desire to study it further and long before making up my mind. But...

...machinations of the marketplace was no cause to recast well-established constitutional principles: This case is decided upon an economic theory which a large part of this country does not entertain. ... But a Constitution is not intended to embody a particular economic...

...decades later and that dominates conventional jurisprudential wisdom even today. Holmes charged that "[t]his case is decided upon an economic theory which a large part of this country does not entertain," namely, the "shibboleth" of "[t]he liberty of the citizen to do as...

...legislature. Justice Holmes wrote a trenchant and oft-quoted dissent. 86 He began by asserting that " [t]his case is decided upon an economic theory which a large part of the country does not entertain." 87 Presumably, what he had in mind was liberty of contract. He apparently recognized that liberty of...

...policy. He accused it of enacting "Mr. Herbert Spencer's Social Statics," and of deciding the case "upon an economic theory which a large part of the country does not entertain." 9 The policy encased in judicial formalism might be that judges should protect the propertied class...

...Hale, supra note 13, at 474. 21. Lochner v. New York, 198 US 45, 75 (1905) (Holmes, J., dissenting) ("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."). 22. The question...

...law, Justice Oliver Wendell Holmes together with Justice Harland decried the decision stating that "this case is decided upon an economic theory which a large part of the country does not entertain. . .But a constitution is not intended to embody a particular economic theory, whether paternalism and...

...seven more in two sentences — contrasts sharply with a topical assertion cast in objective terms ("This case is decided upon an economic theory which a large part of the country does not entertain").116 The opinion, fewer than six hundred words in all, does not elaborate on either claim...

...opinion." He objected to judges making substantive readings of the Due Process Clause, maintaining that "[t]his case is decided upon an economic theory which a large part of the country does not entertain," and that "[t]he Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics."155 In summary,...

...any reference to the value skepticism and voluntarism that guided Holmes's personal metaphysics.105 "This case is decided upon an economic theory which a large part of the country does not entertain," said Holmes. "A constitution is not intended to embody a particular economic theory, whether of paternalism...