 | H. Jefferson Powell - Law - 2005 - 262 pages
...importation into it of contested policy choices not clearly founded on its text, or on "fundamental principles as they have been understood by the traditions of our people and our law," risks the implicit exclusion of some of the people to whom it belongs. "Otherwise," Holmes said in... | |
 | Jack M. Balkin - Law - 2005 - 303 pages
...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... | |
 | Sophie Littlefield, William Wiecek - Juvenile Nonfiction - 2004 - 112 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been 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 allow... | |
 | Cass R. Sunstein - Law - 2005 - 316 pages
...Holmes said that a law should be held to violate that clause only if it "would infringe fundamental principles as they have been understood by the traditions of our people and our law."12 Some of the modern privacy cases try to build directly on the foundation laid by tradition.... | |
 | Richard Allen Epstein - History - 2006 - 184 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.") Note the strong words "perverted" and "necessarily." 19. Gonzalez v. Raich, US , 125 Sup. Ct. 2195... | |
 | Tibor R. Machan - Philosophy - 2006 - 364 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental 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 the statute... | |
 | David F. Prindle - Business & Economics - 2006 - 398 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been 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... | |
 | Cass R. Sunstein - Law - 2009 - 314 pages
...Holmes said that a law should be held to violate that clause only if it "would infringe fundamental principles as they have been understood by the traditions of our people and our law."12 Some of the modern privacy cases try to build directly on the foundation laid by tradition.... | |
 | Frederic R. Kellogg - Philosophy - 2006 - 177 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been 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... | |
 | William M. Wiecek - History - 2006 - 760 pages
...rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law."59 The Thayer rationality test, combined with 54 James Bradley Thayer, "The Origin and Scope of... | |
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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 fundamental principles as they have been understood... 
