...the word liberty in the Fourteenth Amendment is perverted when it is held to prevent [legislation], unless it can be said that a rational and fair man...understood by the traditions of our people and our law." This was the theory of judicial restraint that Holmes was to urge throughout his tenure, and the approach...

...In ihat sense. Mfytr w. Nebraska is a clear example of substantive due process as a search only for fundamental principles as they have been understood by the traditions of our people and our taw.* ~ Hafen. n. 2 supra at ÍT2. quoting Lachner v ,Vrw York. 19« US *5. 76. IS S.Cl. 539. 547....

...constitutional right. Courts ought to refrain from declaring legislation unconstitutional, he said, "unless it can be said that a rational and fair man...understood by the traditions of our people and our law." Holmes took the "rational and fair man" standard from his friend James Bradley Thayer, who had argued...

...legal concept. In his view, the Court ought to refrain from declaring legislation unconstitutional "unless it can be said that a rational and fair man...understood by the traditions of our people and our law." As far as Holmes was concerned, class legislation, while perhaps inadvisable, was constitutional. As...

...are likely to overlook his argument that the test of legislative reasonableness is whether a statute would "infringe fundamental principles as they have...understood by the traditions of our people and our law." Lochner v New York, 19g US 45, 76 (1905l (Holmes, J., dissentingl. :17 For an extended comparison of...

...process of law within the meaning of the due process clauses of the Fifth and Fourteenth Amendments "unless it can be said that a rational and fair man...necessarily would admit that the statute proposed [opposed?] would infringe fundamental principles as they have been understood by the traditions of...

...tends to become a law. I think that the word "liberty," in the 14th Amendment, is perverted when it is held to prevent the natural outcome of a dominant...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...

...judicial deference to the legislature, but he also affirmed an aggressive judicial role when "it c[ould] be said that a rational and fair man necessarily would...understood by the traditions of our people and our law."36 The modern textualist's concern for individual rights derives from a deep mistrust of the political...

...process of law within the meaning of the due process clauses of the Fifth and Fourteenth Amendments "unless it can be said that a rational and fair man...necessarily would admit that the statute proposed [opposed?] would infringe fundamental principles as they have been understood by the traditions of...

...York40 he wrote: I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant...understood by the traditions of our people and our lav,'. (Italics supplied.) For our interest at this point in this discussion, however, much more important...