Changes

===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]'', Law and Economics Working Paper Series 03-18, George Mason University</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 ''[http://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>[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</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 ''[http://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==