 | Thomas M. Keck - Political Science - 2010 - 393 pages
...theory which a large part of the country does not entertain." He also insisted that "the word liberty in the Fourteenth Amendment is perverted when it is held...understood by the traditions of our people and our law."3 Dissenting from a decision extending Lochner eighteen years later, Holmes insisted that " [t]... | |
 | Lorenzo D'Avack, Francesco Riccobono - Law - 2004 - 208 pages
...questione il carattere fortemente controverso del concetto di libertà: "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... | |
 | Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - History - 2004 - 794 pages
...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... | |
 | Ethan J. Leib - Political Science - 2010 - 188 pages
...494, 5o3 [ 19 — 1); sec also Loelmtrv .Vrw fork, 198 US t.5, -6 ( 1905) (Holmes, )., dissenting: "The statute proposed would infringe fundamental principles...understood by the traditions of our people and our law"). its citizenry. But the legal mandate to participate in deliberative bodies would be far more... | |
 | Ira H. Carmen - Genomics - 2004 - 368 pages
...Justices Frankfurter, Harlan II, and Souter among others. They would strike down laws "infring[ing] fundamental principles as they have been understood by the traditions of our people and our law" or which, over time, would now be seen as "arbitrary impositions" or "purposeless restraints."... | |
 | Cass R. Sunstein - Law - 2005 - 316 pages
...Statics." In his most crucial passage, Holmes argued that the constitutional protection of liberty does not "prevent the natural outcome of a dominant opinion,...understood by the traditions of our people and our law." Holmes's majoritarianism is far more ambitious than Thayer's, because it reflects Holmes's distinctive... | |
 | Sophie Littlefield, William Wiecek - Juvenile Nonfiction - 2004 - 112 pages
...basis of whether the law was, in his words, "sound" or not, Holmes would strike down a law only when "a rational and fair man necessarily would admit that...understood by the traditions of our people and our law." Judges who, like Peckham, rely on due process arguments take on the job of legislators. They... | |
 | Jack M. Balkin - Law - 2005 - 303 pages
...But even Justice Holmes agreed that the liberty protected by the Due Process Clause should extend to "fundamental principles as they have been understood by the traditions of our people and our law." 198 US at 76 (Holmes, J., dissenting), and he repeatedly asserted the duty of this Court to protect... | |
 | Frederic R. Kellogg - Philosophy - 2006 - 177 pages
...analysis begun a decade before in the 1894 article on privilege: 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.33 While the memorable phrases in Lochner have come over time to be viewed as calling for the end... | |
 | David F. Prindle - Business & Economics - 2006 - 398 pages
...embodying them conflict with the Constitution of the United States. ... 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.42 In the succeeding years, in a host of celebrated dissents, Holmes restated and refined his argument... | |
| |
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... 
