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1 States' Rights: The Law of the Land 1958

handle is hein.beal/strilwlnd0001 and id is 1 raw text is: STATES' RIGHTS THE LAW OF THE LANII BY CHARLES J. BLOCH OF THE MACON, GEORGIA BAR l THE HARRISON COMPANY * Atlanta While the courts must exercise a judgment of their own, it by no means is true that every law is void which may seem to the judges who pass upon it excessive, unsuited to the ostensible end, or based upon con- ceptions of morality with which they disagree. (From the first opinion written by OLIVER WENDELL HOLMES, as an Asso- ciate Justice of the Supreme Court of the United States, January 5, 1903 - 187 U. S. at page 608) 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 in- tended to give us carte blanche to embody our economic or moral beliefs in its prohibitions. (From one of the last dissenting opinions written by OLIVER WENDELL HOLMES, as an Associate Justice of the Supreme Court of the United States, May 26, 1930- 281 U. S. at page 595) Publishers

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