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" But a Constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people of fundamentally differing views, and the accident of our... "
The Foundations of Social Science: An Analysis of Their Psychological Aspects - Page 259
by James Mickel Williams - 1920 - 494 pages
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The Most Activist Supreme Court in History: The Road to Modern Judicial ...

Thomas M. Keck - Political Science - 2010 - 370 pages
...surrounding Lochner for which Justice Holmes composed the epitaph at its birth: " [The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States." After reviewing Holmes's call for judicial restraint, Fried endorsed Justice Hugo Black's...
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The Fugitive's Properties: Law and the Poetics of Possession

Stephen M. Best - Literary Criticism - 2010 - 376 pages
...was that very signifying fluidity that it was precisely the task of the law to preserve. "[The law] is made for people of fundamentally differing views,...novel and even shocking ought not to conclude our judgement upon the question whether statutes embodying them conflict with the Constitution of the United...
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The Fugitive's Properties: Law and the Poetics of Possession

Stephen M. Best - Literary Criticism - 2010 - 376 pages
...was that very signifying fluidity that it was precisely the task of the law to preserve. "[The law] is made for people of fundamentally differing views,...familiar or novel and even shocking ought not to conclude ourjudgement upon the question whether statutes embodying them conflict with the Constitution of the...
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Equità e ragionevolezza nell'attuazione dei diritti

Lorenzo D'Avack, Francesco Riccobono - Law - 2004 - 198 pages
...embody a particular economic theo1y, whether of paternalism and the organic relation of the citizen to the State or of laissez faire . It is made for people...fundamentally differing views, and the accident of our fmding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment...
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The Fugitive's Properties: Law and the Poetics of Possession

Stephen M. Best - Literary Criticism - 2010 - 376 pages
...certain opinions natural and familiar or novel and even shocking ought not to conclude our judgement upon the question whether Statutes embodying them conflict with the Constitution of the United States" (Lochner, 76). 62. On the "marginal revolution" in legal and economic thought, see Siegel,...
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The Most Activist Supreme Court in History: The Road to Modern Judicial ...

Thomas M. Keck - Political Science - 2010 - 370 pages
...surrounding Lochner for which Justice Holmes composed the epitaph at its birth: " [The Constitution] is made for people of fundamentally differing views, and the accident of our f1nding certain opinions natural and familiar or novel and even shocking ought not to conclude our...
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A Community Built on Words: The Constitution in History and Politics

H. Jefferson Powell - Law - 2005 - 261 pages
...embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the state or of laissez faire. It is made for people...them conflict with the Constitution of the United States.57 The Constitution is inclusive, "made for people of fundamentally differing views." Constitutional...
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The Judicial Branch

Kermit L. Hall, Kevin T. McGuire - Political Science - 2005 - 579 pages
...insisted that "a constitution is not intended to embody a political economic theory." He contended that it "is made for people of fundamentally differing...them conflict with the Constitution of the United States." In a much-quoted phrase, Holmes said, with evident sarcasm, that the "Fourteenth Amendment...
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Courting the Abyss: Free Speech and the Liberal Tradition

John Durham Peters - Philosophy - 2010 - 316 pages
...robustness of the entire system he stated in his famous dissent in Lochner (1905): "[The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States."10 Personal preference has no relevance for constitutional interpretation. Holmes's judges...
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Access to Care, Access to Justice: The Legal Debate Over Private Health ...

Kent Roach, Lorne Sossin, Colleen M. Flood - Business & Economics - 2005 - 611 pages
...The hero for opponents of Lochner's alleged activism was Justice Holmes, who argued in dissent that 'the accident of our finding certain opinions natural...ought not to conclude our judgment upon the question of whether statutes embodying them conflict with the Constitution.'8 For Lochner's critics, the Court's...
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