Note 16 — Chapter I · HISTORICAL INTERPRETATION IN THE UNITED STATES
Reading edition
Consider, for example, the following remarks by this eminent Justice in his dissenting opinion in the New York Bakery case: “This case is decided upon an economic theory which a large part of the country does not entertain.... The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics.... General propositions do not decide concrete cases. The decision will depend on a judgment or intuition more subtle than any articulate major premise.” 198 U. S. 75.