 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 2471905Full view - About this book
 | Bernard Schwartz - History - 1993 - 480 pages
...free from governmental interference. The Constitution, states Justice Holmes in a celebrated passage, "is not intended to embody a particular economic theory,...relation of the citizen to the state or of laissez faire."69 At the same time, it was most difficult for judges not to assume that the organic document... | |
 | Michael J. Sandel - History - 1998 - 436 pages
...competing doctrines: "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics ... a constitution is not intended to embody a particular...faire. It is made for people of fundamentally differing views.""1 The idea that a constitution is neutral among ends is central to the liberalism of the procedural... | |
 | Kevin R. McNamara - Art - 1996 - 340 pages
...York (1905) that "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." 16 At issue in the case was whether a statute fixing the maximum work week for bakers at 60 hours was... | |
 | Industrial laws and legislation - 1997 - 452 pages
...in la1v. . . . The Fourteenth Amendment does nnt 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. It 129City Club Bullenn. Chicago. Vol. 2. No. 25 1February 24, 1909). See also the authorities cited in... | |
 | Robert H. Bork - Political Science - 2009 - 452 pages
...purposes thought desirable, whether he likes it or not."49 Holmes went on in an oft-quoted passage: "[A] constitution is not intended to embody a particular...relation of the citizen to the State or of laissez fairs. It is made for people of fundamentally differing views. . . ." But he spoiled it all by adding,... | |
 | Bernard Schwartz - Law - 1997 - 303 pages
...it was irrelevant whether the judges shared the "convictions or prejudices" embodied in these laws: "[A] constitution is not intended to embody a particular...organic relation of the citizen to the State or of laissezfaire." Then Holmes stated his general approach to judicial review: "I think that the word liberty... | |
 | Randall P. Bezanson - Law - 1998 - 232 pages
...exclusive province of the elected democratic process. As Justice Holmes put it in his Lochner dissent, "a constitution is not intended to embody a particular...whether of paternalism and the organic relation of citizen to the State or of laissez faire. It is made for people of fundamentally differing views."... | |
 | Russell Hardin - Constitutional history - 2003 - 404 pages
...the ultimate test of liberalism, constitutionalism, and democracy. Constitutional Economic Transition A constitution is not intended to embody a particular economic theory, whether of paternalism and the orgamc relation of the citizen to the State or of latssez faire. Justice Holmes, dissent in Lochner... | |
 | Sanford N. Katz, John Eekelaar, Mavis Maclean - Law - 2000 - 684 pages
...case is decided upon an economic theorv which a Ian;e part of this country does not entertain. lA| Constitution is not intended to embody a particular...paternalism and the organic relation of the citizen to t he Sta te or of laissez faire.' ibid at 73. Legal historian Morton Horwitz stated the historical... | |
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