...entertain." He also insisted 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 law."3 Dissenting from a decision extending Lochner eighteen years later, Holmes insisted that " [...

...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 involved...

...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." I believe...

...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 allow...

...Lochner v. New York, Justice Holmes said that a law should be held to violate that clause only if it "would infringe fundamental principles as they have...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....

...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...

...US 45, 76 (1905) ("I think that the word 'liberty,' in the I4th 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.") Note the strong words "perverted" and "necessarily." 19. Gonzalez v. Raich, US , 125 Sup. Ct. 2195...

...United States. ... 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 law.42 In the succeeding years, in a host of celebrated dissents, Holmes restated and refined his argument...

...article on privilege: 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 law.33 While the memorable phrases in Lochner have come over time to be viewed as calling for the end...

...Lochner dissent became central to his disciple's thought: the Due Process Clause should not frustrate "a dominant opinion, unless it can be said that a...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...