...Revisionism Revisited," 24 Law and Social Inquiry 221(1999). 81. "I think the word 'liberty,' in the 14th Amendment, is perverted when it is held to prevent...statute proposed would infringe fundamental principles." 198 US at 76. 6 Judicial Maintenance of Political Institutions 1. 376 US 254(1964). 2. For general...

...that Justice Holmes, writing in dissent, said that the due process clause would not be violated unless "the statute proposed would infringe fundamental principles...understood by the traditions of our people and our law." (Note Holmes's emphasis not only on judicial restraint but also and in his view equivalently...

...judgment or intuition more subtle than any articulate major premise." "The word 'liberty,' in the Ljlh Amendment, is perverted when it is held to prevent the natural outcome of a dominant opinion." Yet Holmess skepticism left a wide scope for judicial discretion to determine whether a statute was...

...statutes embodying them conflict with the (Constitution). "... 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 . . ." Why did he invent the "rational and fair man" as the arbiter, instead of affirming that...

...the word 'liberty,' in the 14th Amendment, is perverted when it is held [as by the Court majority] to prevent the natural outcome of a dominant opinion,...understood by the traditions of our people and our law." Then Holmes concluded, "It does not need research to show that no such sweeping condemnation...

...hear Justice Oliver Wendell Holmes, Jr., urging his fellow jurists to accept the will of the majority, "unless it can be said that a rational and fair man...understood by the traditions of our people and our /aw." 704 Younger reform-minded Progressives were prepared to push the law well beyond even these limits....

...verfassungswidrig gewesen, wenn (mit dem deferential rational basis test) gesagt werden könnte21: „that a rational and fair man necessarily would...been understood by the traditions of our people". Zweitens hätte das Gericht den von Richter Harlan in seiner dissenting opinion vertretenen Ansatz...

...dominant opinion" may not be judicially frustrated unless a rational person would have to admit that it "would infringe fundamental principles as they have...understood by the traditions of our people and our law." Thus the majority suspected a purpose it considered illegitimate (regulating purely economic...

...the right of the majority to embody their opinions in law I think that the word liberty in the xivth Amendment is perverted when it is held to prevent...fair man necessarily would admit that the statute . . . would infringe fundamental principles as they have been understood by the traditions of our people...

...test for invalidating a statute as a deprivation of liberty without due process of law. The test was "that a rational and fair man necessarily would admit that the statute . . . would infringe fundamental principles as they have been understood by the traditions of our people...