...exercise of power that it cannot be allowed to stand under the Constitution of the United States. . . . To sustain the individual freedom of action contemplated...society as a whole cannot be better served than by this preservation from arbitrary restraint of the liberties of its constituent members. It follows...

...the Constitution." The concluding sentence of the opinion is the expression of this general faith: "To sustain the individual freedom of action contemplated...whole cannot be better served than by the preservation of society against arbitrary restraint of the liberties of its constituent members." Following English...

...commended for their conscientiousness and courage in giving what they know will not be a popular decision. "To sustain the individual freedom of action contemplated...not to strike down the common good but to exalt it," said Justice Sutherland. Twelve states have minimum wage laws, three authorize them by their Constitution....

...fix a rigid boundary would be unwise as well as futile. But, nevertheless, there are limits to the power, and when these have been passed it becomes...exalt it : for surely the good of society as a whole can not be better served than by the preservation against arbitrary restraint of the liberties of its...

...these have been passed it becomes Je pla n Sty of the courts in the proper exercise of their auSority to so declare. To sustain the individual freedom of...not to strike down the common good, but to exalt it, юг surely the good of society as a whole cannot be better served than by the preservation against...

...commended for their conscientiousness and courage in giving what they know will not be a popular decision. "To sustain the individual freedom of action contemplated...not to strike down the common good but to exalt it," said Justice * Notice is hereby given that this article may not be printed in any other periodical...

...is constitutional, the latter which affects "the heart of the contract," is not. He "concludes : • To sustain the individual freedom of action contemplated...to strike down the common good but to exalt it; for siîrely the good of society as a whole cannot be better served than by the preservation against arbitrary...

...135, 162), Mr. Justice Sutherland's aphorism in Adkins v. Childrens" Hospital (261 US 525, 561) that "to sustain the individual freedom of action contemplated...to strike down the common good, but to exalt it," and Mr. Justice McReynold's comparison of the Nebraska foreign language statute with the communistic...

...state to interfere with the liherty of the individual and that "when these have heen passed, it hecomes the plain duty of the courts in the proper exercise of their authority to so declare"). 10 For a discussion of the Lochner-era Court's decisions upholding departures from the common law,...

...limits have been exceeded, and individual freedom of action has thus been arbitrarily interfered with, it becomes the plain duty of the courts, in the proper exercise of their authority, to so declare. There are those who would carry the tenets of paternalism very far, but it is well to remember that...