faire."[1] "The word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law."[2] That is the conception of liberty which is dominant today.[3] It has its critics even yet,[4] but its dominance is, I think, assured. No doubt, there will at times be difference of opinion when a conception so delicate is applied to varying conditions [5] At times, indeed, the conditions themselves are imperfectly disclosed and inadequately known. Many and insidious are the agencies by which opinion is poisoned at its sources. Courts have often been
- ↑ P. 75.
- ↑ P. 76.
- ↑ Noble v. State Bank, 219 U. S. 104; Tanner v. Little, 240 U. S. 369; Hall v. Geiger Jones Co., 242 U. S. 539; Green v. Frazier, 253 U. S. 233; Frankfurter, supra.
- ↑ Burgess, "Reconciliation of Government and Liberty."
- ↑ Adams v. Tanner, 244 U. S. 590.
