Changes

==Family and Life==

==Family and Life==

===Family===

===Family===

Holmes' grandfather was Abiel Holmes, a [http://www.pilgrim-platform.org/conghistory.htm Congregationalist] minister of [[Puritan]] stock. Abiel's son, Oliver Wendell Holmes, Sr., abandoned his father's Congregationalism for [[Unitarianism]],<ref>“[http://query.nytimes.com/mem/archive-free/pdf?_r=1&res=9406E3D7103AEF34BC4051DFB3668382649FDE Speech of Oliver Wendell Holmes at the Unitarian Convention in Boston]”, ''The New York Times'', May 28, 1859</ref> and was accused by [http://www.pbs.org/wgbh/amex/grant/peopleevents/p_adams.html Henry Adams], grandson of President [[John Quincy Adams]], of preaching “wild [[atheism]].”<ref>Jacob Clavner Levenson, ed., ''[https://books.google.com/books?id=VAkJAQAAIAAJ The Letters of Henry Adams: 1868-1885]'', (Cambridge, Mass.: Harvard University Press, 1988) ISBN 0674526856, pp. 274-275</ref>

Holmes' grandfather was Abiel Holmes, a [http://www.pilgrim-platform.org/conghistory.htm Congregationalist] minister of [[Puritan]] stock. Abiel's son, Oliver Wendell Holmes, Sr., abandoned his father's Congregationalism for [[Unitarianism]],<ref>“[http://query.nytimes.com/mem/archive-free/pdf?_r=1&res=9406E3D7103AEF34BC4051DFB3668382649FDE Speech of Oliver Wendell Holmes at the Unitarian Convention in Boston]”, ''The New York Times'', May 28, 1859</ref> and was accused by [https://www.pbs.org/wgbh/amex/grant/peopleevents/p_adams.html Henry Adams], grandson of President [[John Quincy Adams]], of preaching “wild [[atheism]].”<ref>Jacob Clavner Levenson, ed., ''[https://books.google.com/books?id=VAkJAQAAIAAJ The Letters of Henry Adams: 1868-1885]'', (Cambridge, Mass.: Harvard University Press, 1988) ISBN 0674526856, pp. 274-275</ref>

===Civil War===

===Civil War===

===Right to Contract===

===Right to Contract===

Holmes' also denied the right to contract. In ''Lochner v. New York'',<ref>[http://supreme.justia.com/us/198/45/case.html ''Lochner v. New York'', 198 U.S. 45] (1905)</ref> the Supreme Court ruled that a New York law restricting the hours bakers could work violated Article 1, Section 10, of the [[United States Constitution]] ("No State shall... pass any... Law impairing the Obligation of Contracts")<ref>[http://www.archives.gov/exhibits/charters/constitution_transcript.html Constitution of the United States], National Archives</ref> and Section 1 of the XIV Amendment ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law").<ref>[http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html Constitution of the United States, Amendment 11-27], National Archives</ref> The majority held that these clauses protected all liberty, including economic liberty, and specifically the freedom to  contract&mdash;then still recognized among the “unenumerated rights” protected by the [http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html IX Amendment].<ref>Bernard H. Siegan, "Rehabilitating Lochner," ''San Diego Law Review'' 22 (1985), p. 453; cf. David E. Bernstein (2003), "[http://www.law.gmu.edu/assets/files/publications/working_papers/03-18.pdf Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism]," ''Georgetown Law Journal'', Vol. 82, No. 1, 2003; Thomas A. Bowden, "[http://www.theobjectivestandard.com/issues/2009-summer/justice-holmes-empty-constitution.asp Justice Holmes and the Empty Constitution]," ''The Objective Standard'', Vol. 4, No. 2 (Summer 2009)</ref> In his dissent, Holmes  implied that economic liberty was not constitutionally protected, with his famous aphorism “The Fourteenth Amendment does not enact Mr. [[Herbert Spencer]]'s ''[https://books.google.com/books?id=jU0xAAAAMAAJ Social Statics]''.” Under the threat of  [[Franklin Roosevelt]]'s "court-packing" plan,<ref>Paul Volpe, [http://xroads.virginia.edu/~MA02/volpe/newdeal/court.html Court Packing: Judicial Reorganization and the End of the New Deal], The Real Deal: The Battle to Define FDR's Social Programs, American Studies,  University of Virginia</ref> the Supreme Court came to see the wisdom of adopting Holmes' (and Roosevelt's) view of the matter.<ref>Richard Epstein, “The Mistakes of 1937,” 11 ''George Mason University Law Review'' 5, 13-20 (Winter 1988)</ref>

Holmes' also denied the right to contract. In ''Lochner v. New York'',<ref>[http://supreme.justia.com/us/198/45/case.html ''Lochner v. New York'', 198 U.S. 45] (1905)</ref> the Supreme Court ruled that a New York law restricting the hours bakers could work violated Article 1, Section 10, of the [[United States Constitution]] ("No State shall... pass any... Law impairing the Obligation of Contracts")<ref>[https://www.archives.gov/exhibits/charters/constitution_transcript.html Constitution of the United States], National Archives</ref> and Section 1 of the XIV Amendment ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law").<ref>[https://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html Constitution of the United States, Amendment 11-27], National Archives</ref> The majority held that these clauses protected all liberty, including economic liberty, and specifically the freedom to  contract&mdash;then still recognized among the “unenumerated rights” protected by the [https://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html IX Amendment].<ref>Bernard H. Siegan, "Rehabilitating Lochner," ''San Diego Law Review'' 22 (1985), p. 453; cf. David E. Bernstein (2003), "[http://www.law.gmu.edu/assets/files/publications/working_papers/03-18.pdf Lochner Era Revisionism, Revised: Lochner and the Origins of Fundamental Rights Constitutionalism]," ''Georgetown Law Journal'', Vol. 82, No. 1, 2003; Thomas A. Bowden, "[http://www.theobjectivestandard.com/issues/2009-summer/justice-holmes-empty-constitution.asp Justice Holmes and the Empty Constitution]," ''The Objective Standard'', Vol. 4, No. 2 (Summer 2009)</ref> In his dissent, Holmes  implied that economic liberty was not constitutionally protected, with his famous aphorism “The Fourteenth Amendment does not enact Mr. [[Herbert Spencer]]'s ''[https://books.google.com/books?id=jU0xAAAAMAAJ Social Statics]''.” Under the threat of  [[Franklin Roosevelt]]'s "court-packing" plan,<ref>Paul Volpe, [http://xroads.virginia.edu/~MA02/volpe/newdeal/court.html Court Packing: Judicial Reorganization and the End of the New Deal], The Real Deal: The Battle to Define FDR's Social Programs, American Studies,  University of Virginia</ref> the Supreme Court came to see the wisdom of adopting Holmes' (and Roosevelt's) view of the matter.<ref>Richard Epstein, “The Mistakes of 1937,” 11 ''George Mason University Law Review'' 5, 13-20 (Winter 1988)</ref>

==Darwinism==

==Darwinism==