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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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American Chameleon: Individualism in Trans-national Context

Richard Orr Curry, Lawrence B. Goodheart - History - 1991 - 292 pages
...Holmes declared: "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics," and "a constitution is not intended to embody a particular...of the citizen to the state or of laissez faire."* 4 The combined action of legislators and ministers inspired by the Spencerian version of individualism...
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Constitution and Curriculum: Hermeneutical Semiotics of Cases and ...

James Anthony Whitson - Education - 1991 - 328 pages
...where he declared: The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics ... a Constitution is not intended to embody a particular...organic relation of the citizen to the State or of laissez-faire. (198 US 45, p. 75) Such use of the Fourteenth Amendment continued to have a major impact...
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Making All the Difference: Inclusion, Exclusion, and American Law

Martha Minow - Law - 1990 - 428 pages
...economic theory — laissez-faire — as constitutionally protected. He argued, in contrast, that the Constitution "is not intended to embody a particular...organic relation of the citizen to the State or of laissez-faire. It is made for people of fundamentally different views."103 For Justice Holmes, then,...
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The Power "to Coin" Money: The Exercise of Monetary Powers by the Congress

Thomas Frederick Wilson - Business & Economics - 1992 - 292 pages
...his dissenting opinion: The 14th Amendment does not enact Mr. Herbert Spencer's Social Statics. . . . [A] constitution is not intended to embody a particular...relation of the citizen to the state or of laissez faire. (Cushman, Leading Constitutional Decisions, pp. 206. 207, 212) 19. Ely, Democracy and Distrust, p....
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Takings, Compensation, and Pending Wetlands Legislation: Hearing Before the ...

United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment - Law - 1992 - 392 pages
..."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 the organic relation of the citizen to the state or laissez faire." Further, Harland...
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Hate Prejudice and Racism

Milton Kleg - Social Science - 1993 - 334 pages
...Statics. . . . Some of these laws embody convictions or prejudices which judges are likely to share. . . . But a Constitution is not intended to embody a particular...relation of the citizen to the state or of laissez faire."14 Human sociobiologists merely insist that human language and culture themselves evolved biologically,...
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Burdens of Proof in Modern Discourse

Richard H. Gaskins - Law - 1995 - 390 pages
...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...relation of the citizen to the state or of laissez fa ire. " m He fails to mention, of course, that he would have decided this case according to a theory...
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Proposed Constitutional Amendments to Balance the Federal Budget ..., Volume 4

Business & Economics - 1994 - 1428 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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Proposed Constitutional Amendments to Balance the Federal Budget ..., Volume 4

Business & Economics - 1994 - 2018 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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The Constitution in the Courts: Law or Politics?

Michael J. Perry - Law - 1996 - 288 pages
...) Holmes wrote: 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 and of the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally...
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