Constitutional Doctrines of Justice Oliver Wendell Holmes |
Common terms and phrases
14th Amendment 1st Amendment 50 cents 5th Amendment 75 cents Administration alleged American Trade Unions argument boycott Child Labor Law cloth Colony Commerce Clause common law Company Congress constitutionality contempt crime criminal decided decision dissenting opinion due process economic evil fact Federal Court four numbers Frohwerk Government ground H. B. ADAMS Habeas Corpus held History Holmes believes Holmes concurring Holmes dissenting I-II interpretation interstate commerce IX-X judge judicial jurisdiction jury Justice Holmes Justice Holmes says justified Kansas labor union Law Rev legislation legislature liberty of contract limit Lochner logical lower court majority opinion Maryland Massachusetts matter meaning ment necessity Northern Securities OLIVER WENDELL HOLMES plaintiff in error police power present Price principles process of law prohibition public policy punish question reason regulate Schenck social speech statute Supreme Court theory tion Trade Unions unconstitutional United upholding V-VI Virginia Volume W. F. Willoughby Waterman Pen words XI-XII
Popular passages
Page 15 - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Page 95 - The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court but that it shall not be used at all.
Page 91 - Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition.
Page 74 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 42 - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
Page 91 - Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, "Congress shall make no law .... abridging the freedom of speech.
Page 35 - The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same...
Page 90 - In this case sentences of twenty years imprisonment have been imposed for the publishing of two leaflets that I believe the defendants had as much right to publish as the Government has to publish the Constitution of the United States now vainly invoked by them...
Page 91 - I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Page 29 - The true grounds of decision are considerations of policy and of social advantage, and it is vain to suppose that solutions can be attained merely by logic and the general propositions of law which nobody disputes.