 | John Mabry Mathews, Clarence Arthur Berdahl - Local government - 1928 - 1004 pages
...upon the question whether statutes embodying them conflict with the Constitution of the United States. would admit that the statute proposed would infringe...understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute... | |
 | John Mabry Mathews, Clarence Arthur Berdahl - Local government - 1928 - 1004 pages
...ECONOMIC AND SOCIAL PROBLEMS 841 would admit that the statute proposed would infringe funda 11 if nt ¡i I principles as they have been understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon tinstatute... | |
 | 1910 - 1144 pages
...Amendment does not enact Mr. Herbert Spencer's " Social Statics." ... I think that the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute... | |
 | Labor laws and legislation - 1944 - 1532 pages
...major premise. • • • Every opinion tends to become a law. I think that the word 'liberty,' In the Fourteenth Amendment, Is perverted when It is...understood by the traditions of our people and our law." Lochner v. Xew York, 198 US 76, 25 8. Ct. 647. 4» L. Ed. 937, 3 Ann. Cas. 1137. "It may not... | |
 | Bernard Schwartz - History - 1993 - 480 pages
...such, it supports the general Holmes approach to judicial review. "I think that the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law."4" A law such as that at issue is not be be invalidated unless it fails to meet this standard.... | |
 | Tibor R. Machan - Political Science - 406 pages
...Holmes's reasoning, legislatures may place burdens on those not proven guilty of any wrong-doing unless "a rational and fair man necessarily would admit that the statute proposed would infringe..."59 Majoritarian democracy appears to accept that a majority of its representatives may... | |
 | Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...carry us far toward the end. Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute... | |
 | Industrial laws and legislation - 1997 - 452 pages
...to paternalism in matters of legislation" (p. 135, italics ours). "l think that the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law. lt does not need research to show that no such sweeping condenmation can be passed upon the statute... | |
 | Robert H. Bork - Political Science - 2009 - 452 pages
...fundamentally differing views. . . ." But he spoiled it all by adding, "I think that the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law." So Holmes, after all, did accept substantive due process, he merely disagreed with Peckham and... | |
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I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe... 
