 | G. Edward White - History - 2002 - 408 pages
...to laissez-faire ideology. The other opinion, a dissent by Holmes that announced that "[t]his case is decided upon an economic theory which a large part of the country does not entertain," and suggested that "the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics,"'... | |
 | Colton C. Campbell, John F. Stack - Law - 2001 - 344 pages
...cooperative federalism, Justice Oliver Wendell Holmes denounced the activism of the Court: 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. ... It is settled... | |
 | Milton Ridvas Konvitz - Law - 2001 - 204 pages
...opinion of Justice Holmes is one of the most famous of American judicial opinions. The case, he said, was 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. ... I think lhal... | |
 | Edward A. Purcell - Law - 2000 - 446 pages
...Court's archetypal anti-Progressive decision, Lochner v. New York. "This case is decided," he charged, "upon an economic theory which a large part of the country does not entertain." l7 Given his positivism, his attack on Swift, and his rejection of substantive due process, Holmes... | |
 | Kermit L. Hall - Biography & Autobiography - 2000 - 396 pages
...Black "heard from the people," one might recall Holmes's comment in Lochner that the case had been decided "upon an economic theory which a large part of the country does not entertain."139 One might also note Brandeis' famous talk on "the living law" and his charge that courts... | |
 | John W. Johnson - Law - 2001 - 608 pages
...Justice Holmes dissented from the Peckham opinion with some of his best known rhetoric: "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. ... I think that... | |
 | David E. Bernstein - Law - 2001 - 242 pages
...Lochner, 198 US at 75 (Holmes, J. dissenting) (criticizing Lochner majority for deciding the case based "upon an economic theory which a large part of the country does not entertain"); Raoul Berger, Government by Judiciary: The Transformation of the Fourteenth Amendment 249-82 (1977);... | |
 | Julio Baquero Cruz - Law - 2002 - 205 pages
...enshrined in the substantive interpretation of the due process clause. Holmes dissented: 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, whether of paternalism... | |
 | Jeffrey A. Segal, Harold J. Spaeth - Law - 2002 - 484 pages
...regulations, the Court ruled that only the states could do so. Justice Holmes argued in dissent that 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. ... A constitution... | |
 | Hawley Grace Fogg-Davis - Family & Relationships - 2002 - 188 pages
...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,... | |
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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... 
