...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."...

...paragraphs long, does not waste any time with formal haggling over legal terms. The opening sentence states: "This case is decided upon an economic theory which a large part of the country does not entertain" (MFJH 1905, 148). In other words, the justices who struck down the law were arguing from an implied...

...Fourteenth Amendment; for him these were petty technicalities to be swept away by the power of his rhetoric. "This case is decided upon an economic theory which a large 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...

...Rückhalt in der Verfassung der demokratischen Mehrheit ihre subjektiven Wertauffassungen aufzunötigen:48 „This case is decided upon an economic theory which a large part of the country does not entertain ... I think that thc word liberty in the Fourteenth amendment is perverted when it is held to prevent...

...the law a century later. In dissent, the authoritarian Justice Oliver Wendell Holmes proclaimed that "[t]his case is decided upon an 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 long as he does not...