...theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views,...them conflict with the Constitution of the United States.1 More recent cases use testier language. In 2.002., a majority of the Court held that execution...

...theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views,...them conflict with the Constitution of the United States. ... I think that the word "liberty," in the Fourteenth Amendment, is perverted when it is held...

...theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views,...them conflict with the Constitution of the United States. Holmes added this crucially important point of jurisprudence, one that is the rule now rather...

...earnestly to do this. . . . We bear in mind, too, Mr. Justice Holmes' admonition. . . : "(The Constitution) is made for people of fundamentally differing views,...them conflict with the Constitution of the United States." —From Roe et. al vs. Wade, 410 US 113 (1973). Reprinted at the CNN Web site, http://www.cnn.com/SPECIALS/199...

...constitution is not intended to embody a particular economic theory"32 and that the "accident" of the Court "finding certain opinions natural and familiar or...them conflict with the Constitution of the United States " 33 seemed at last to have been heeded, in the regard which was paid in Midler v. Oregon to...

...theory, whether of paternalism and the organic relation of the citizen to the state or of laissez-faire. It is made for people of fundamentally differing views,...and familiar, or novel and even shocking, ought not conclude our judgment upon the question whether statutes embodying them conflict with the Constitution...

...dissent in Lochner: "[T]he fact that [such] moral judgment . . . may be 'natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States.'" Id. at 199 (Blackmun, J., dissenting) (quoting Lochner v. New York, 198 US 45, 76 [1905]...

...be because of fortuities of our lives and circumstances. Hence Holmes's remarkable suggestion that the "accident of our finding certain opinions natural and familiar or novel and even shocking" is beside the constitutional point. Holmes meant exactly what he said. With few exceptions, he believed...

...Spencer's Social Statics. ... A constitution is not intended to embody a particular economic theory.... It is made for people of fundamentally differing views, and the accident of finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our...

...theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views,...them conflict with the Constitution of the United States" (149). Holmes was striking out at the idea that a judge's underlying assumptions often are...