...entertain."221 With respect to judicial review generally, Holmes wrote, 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 Jaw.222 Thus, even a legal realist like Holmes recognized that certain "fundamental principles" might...

...the word liberty in the Fourteenth Amendment is perverted when it is held to prevent [legislation], unless it can be said that a rational and fair man...understood by the traditions of our people and our law." This was the theory of judicial restraint that Holmes was to urge throughout his tenure, and...

...spirit that Holmes asserted in his Lochner dissent that, with few exceptions, "the word liberty in the Fourteenth Amendment is perverted when it is held...prevent the natural outcome of a dominant opinion. . . ,"27 Here is good Wilsonian rhetoric that would be fertile soil for liberal reformers, whether...

...nothing to do with the right of a majority to embody their opinions in law. . . . [T]he word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion."13 An almost blind faith in democratic and majoritarian processes caused many politically...

...constitutional right. Courts ought to refrain from declaring legislation unconstitutional, he said, "unless it can be said that a rational and fair man...understood by the traditions of our people and our law." Holmes took the "rational and fair man" standard from his friend James Bradley Thayer, who had...

...legal concept. In his view, the Court ought to refrain from declaring legislation unconstitutional "unless it can be said that a rational and fair man...understood by the traditions of our people and our law." As far as Holmes was concerned, class legislation, while perhaps inadvisable, was constitutional....

...process of law within the meaning of the due process clauses of the Fifth and Fourteenth Amendments "unless it can be said that a rational and fair man...necessarily would admit that the statute proposed [opposed?] would infringe fundamental principles as they have been understood by the traditions of...

...are likely to overlook his argument that the test of legislative reasonableness is whether a statute would "infringe fundamental principles as they have...understood by the traditions of our people and our law." Lochner v New York, 19g US 45, 76 (1905l (Holmes, J., dissentingl. :17 For an extended comparison...

...far toward the end. Every opinion tends to become a law. I think that the word "liberty," in the 14th Amendment, is perverted when it is held to prevent...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...

...judicial deference to the legislature, but he also affirmed an aggressive judicial role when "it c[ould] be said that a rational and fair man necessarily would...understood by the traditions of our people and our law."36 The modern textualist's concern for individual rights derives from a deep mistrust of the political...