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
| Richard Allen Epstein - Economic liberties (U.S. Constitution) - 2000 - 430 pages
...does not enact Mr. Herhert Spencer's Social Statics. . . . A constitution is not intended to emhody a particular economic theory, whether of paternalism...organic relation of the citizen to the State or of laisses faire. It m City Cluh Bulletin, Chicago. Vol. z, No. z5 (Fehruary z4, 1909l. See also the authorities... | |
| Kermit L. Hall - Biography & Autobiography - 2000 - 396 pages
...legislature had acted. Justice Holmes consistently rejected such an approach. "[A] constitution," he urged, "is not intended to embody a particular economic theory, whether of paternalism ... or of laissez faire."245 Holmes continually reiterated that, "as a judge he was not concerned with... | |
| John A. Ferejohn, Jack N. Rakove, Jonathan Riley - History - 2001 - 430 pages
...Community, 1800-1828. New York: Harcourt, Brace. 10 Constitutional Economic Transition Russell Hardin A constitution is not intended to embody a particular...relation of the citizen to the State or of laissez faire Justice Holmes, dissent in Lochner v. New York A NEUTRAL CONSTITUTION In his short but sharp dissent... | |
| Ian Shapiro - Law - 2001 - 316 pages
...S.Ct., at 581; Lochner v. New York, supra, 198 US, at 75, 25 S.Ct., at 546 (Holmes, J., dissenting) ("[A] Constitution is not intended to embody a particular...organic relation of the citizen to the State or of laissezfaire"). Although the Court did acknowledge in the last paragraph of its opinion the state of... | |
| Cato Institute - Biography & Autobiography - 2000 - 254 pages
...simply wrong when he implied in his dissent in the famous Lochner case that our Constitution did not "embody a particular economic theory, whether of paternalism...of the citizen to the state or of laissez faire." Lochner v. New York, 198 US 45, 75 (1905). The Constitution explicitly recognizes the rights of property... | |
| John W. Johnson - Law - 2001 - 608 pages
...Herbert Spencer's Social Statics." Some Court-approved laws "embody convictions or prejudices which judges are likely to share. Some may not. But a constitution...not intended to embody a particular economic theory. ... It is made for people of fundamentally differing views. ..." To Holmes, "liberty in the Fourteenth... | |
| Jeffrey A. Segal, Harold J. Spaeth - Law - 2002 - 484 pages
...entertain. . . . The Fourteenth 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.79 On the authority of Lochner the Supreme Court invalidated federal and state laws barring employers... | |
| George M. Stephens - Law - 2002 - 224 pages
...whether he likes it or not. The 14th 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 laissezfaire. It is made for people of fundamentally differing views, and the accident of our finding... | |
| Harald Hohmann - Foreign trade regulation - 2002 - 654 pages
...zwei Bemerkungen: „The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics ... But a constitution is not intended to embody a particular economic theory, whether of paternalism ... or of laissez faire." (aaO, 76). Neuere Forschungen haben ergeben, daß der Bakeshop Act weder... | |
| Richard A. Epstein - Law - 2003 - 324 pages
...whether he likes it or not. The i4th 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 laissezfaire. It is made for people of fundamentally differing views. 18 The upshot was I think that... | |
| |