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Mark
Lv 7
Mark asked in Politics & GovernmentPolitics · 9 years ago

Was the man who said this a far right-wing nutcase?

"I have not yet adequately expressed the more than anxiety that I feel at the ever increasing scope given to the Fourteenth Amendment in cutting down what I believe to be the constitutional rights of the States. As the decisions now stand I see hardly any limit but the sky to the invalidating of those rights if they happen to strike a majority of this Court as for any reason undesirable. I cannot believe that the Amendment was intended to give us carte blanche to embody our economic or moral beliefs in its prohibitions. ... Of course the words 'due process of law' if taken in their literal meaning have no application to this case; and while it is too late to deny that they have been given a much more extended and artificial signification, still we ought to remember the great caution shown by the Constitution in limiting the power of the States, and should be slow to construe the clause in the Fourteenth Amendment as committing to the Court, with no guide but the Court's own discretion, the validity of whatever laws the States may pass."

That was from a dissenting opinion in the 1930 case of Baldwin v. Missouri. The author of that was Justice Oliver W. Holmes, Jr.

2 Answers

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  • Mike
    Lv 5
    9 years ago
    Favorite Answer

    No, this refers to the conservative court's striking down state legislation that regulated economic activity. It's a liberal viewpoint.

  • Mary
    Lv 4
    7 years ago

    He is saying the truth.

    Does that make him a right-wing nutcase?

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