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" The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. . . . Some of these laws embody convictions or prejudices which judges are likely to share. Some may not. But a constitution is not intended to embody a particular economic... "
Bulletin of the Department of Labor - Page 247
1905
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The American Federal System

Kingsley Bryce Smellie - Federal government - 1928 - 200 pages
...judgment that " the fourteenth amendment does not enact Mr. Herbert Spencer's Social Statics . . . a constitution is not intended to embody a particular economic theory whether of paternalism or organic relation of citizen to state or of laisser-faire . . . the accident of our finding certain...
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The Survey: Social, Charitable, Civic : a Journal of Constructive ..., Volume 30

Charities - 1913 - 906 pages
...constitution 'State rs. Mikslcek, 125 SW Rep. 507. 'People er rcl. Hoelderlln r». Kane, 79 Misc. May is not intended to embody a particular economic theory,...whether of paternalism and the organic relation of the citizens to the state or of laissez faire.' "The fact that economic theories entertained by the judges...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 470

United States. Supreme Court - Courts - 1987 - 1080 pages
...where sanctioned by Congress, that elevate local concerns over interstate competition. Ante, at 876878. "But a constitution is not intended to embody a particular economic theory .... It is made for people of fundamentally differing views." Lochner v. New York, 198 US 45, 75-76...
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The Constitutional Rights of Women: Cases in Law and Social Change

Leslie Friedman Goldstein - Law - 1988 - 660 pages
...still recent. Holden v. Hardy, 169 US 366. Some of these laws embody convictions or prejudices which judges are likely to share. Some may not. But a constitution...paternalism and the organic relation of the citizen of the State or of laissez faire. . . . Every opinion tends to become a law. I think that the word...
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The Economics of Regulation: Principles and Institutions, Volume 1

Alfred E. Kahn - Business & Economics - 1988 - 620 pages
...502, 525 (1934). "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... a constitution is not intended to embody a particular...of the citizen to the state or of laissez faire." Holmes, dissenting in Lochner v. New York, 198 US 45, 75 (1905), involving a law fixing the maximum...
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Oil Shale Mining Claims Conversion Act: Hearing Before the Subcommittee on ...

United States. Congress. Senate. Committee on Energy and Natural Resources. Subcommittee on Mineral Resources Development and Production - Mining claims - 1988 - 312 pages
...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 theory, whether paternalism and the organic relation of the citizen to the state or laissez faire." Justice Harlan...
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Proposed Balanced Budget Constitutional Amendments: Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law - Budget - 1989 - 1178 pages
...that foreshadowed the growth of constitutional law during and after the Great Depression, argued that "a Constitution is not intended to embody a particular...of the citizen to the state or of laissez faire." Instead, a Constitution "is made for people of fundamentally differing views." In some respects that...
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Liberty, Property, and Government: Constitutional Interpretation Before the ...

Ellen Frankel Paul, Howard Dickman - Law - 1989 - 316 pages
...has sought to match, if not surpass, Justice Holmes's famous Lochner dissent; compare, if you will: A constitution is not intended to embody a particular...the organic relation of the citizen to the state or laissez-faire. I strongly believe that my agreement or disagreement with the wisdom of [the challenged...
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Liberty, Property, and the Future of Constitutional Development

Ellen Frankel Paul, Howard Dickman - Law - 1990 - 360 pages
..."Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics." 89 Indeed, he noted that "a constitution is not intended to embody a particular...organic relation of the citizen to the State or of laissezfaire. " 90 And no matter how "injudicious" or "tyrannical" a statute may appear to be, when...
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American Bureaucracy: Public Choice and Public Law

Glen O. Robinson - Business & Economics - 1991 - 264 pages
...dissent in Lochner. The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics. ... [A] constitution is not intended to embody a particular...laissez faire. It is made for people of fundamentally different views, and the accident of our finding certain opinions natural and familiar or novel and...
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