 | Benjamin Nathan Cardozo - Judges - 1921 - 218 pages
...believe that some other man of normal intellect and conscience might reasonably look upon as right. "While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. Considerable latitude... | |
 | Maryland State Bar Association - 1921 - 286 pages
...that general propositions relating to constitutional guaranties do not carry us far, he said : ' ' While the courts must exercise a judgment of their...that every law is void which may seem to the judges which pass upon it excessive, unsuitable to its ostensible end, or based upon conceptions of morality... | |
 | Electronic journals - 1923 - 498 pages
...adjudicate a statute unconstitutional because it may seem to the courts to be "excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree." The only instance in which a court may refuse to enforce the legislative edict is where it can say... | |
 | Dorsey Richardson - Constitutional law - 1924 - 120 pages
...law was upheld under the police power. In his opinion, Justice Holmes said, speaking for the court: While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. . . . Otherwise... | |
 | Constitutional law - 1924 - 610 pages
...law was upheld under the police power. In his opinion, Justice Holmes said, speaking for the court: While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. . . . Otherwise... | |
 | National Consumers' League - Minimum wage - 1925 - 332 pages
...view is somewhat at variance with the frequently-defined function of the judiciary in this regard. "While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality, with which they disagree." Otis v. Parker.... | |
 | Law reports, digests, etc - 1907 - 1070 pages
...the public welfare, it must leave it alone. As said by Mr. Justice Holmes, in the Otis & Gasman Case: "While the courts must exercise a judgment of their...may seem to the judges who pass upon it excessive, uusuited to its ostensible end, or based upon conceptions of moralit}' with which they disagree. Considerable... | |
 | Law reports, digests, etc - 1926 - 1040 pages
...168, 170 (47 L. Ed. 323), Mr. Justice Holmes, speaking for the court, very appropriately says : ' ' While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. Considerable latitude... | |
 | Felix Frankfurter - Constitutional law - 1927 - 68 pages
...course, of infinitely greater significance where a court possesses the powers of our Supreme Court. " While the courts must exercise a judgment of their...the judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. Considerable latitude... | |
 | Law - 1903 - 542 pages
...Ed. 385, 388, 14 Sup. Ct. Rep. 499. But general propositions do not carry us far. While the court* must exercise a judgment of their own, it by no means..."•judges who pass upon it excessive, unsuited to its ostensible end, or based upon conceptions of morality with which they disagree. Considerable latitude... | |
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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 its ostensible end, or based upon conceptions of morality with which they disagree. 
