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The Constitution of the United States of America

Note 65 — INTRODUCTION

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Ibid. 390-392. The absolute veto of the Court of Appeals in the Wynehamer case was replaced by the Supreme Court, under the due process clause of the Fourteenth Amendment, by a more flexible doctrine, which left it open to the State to show reasonable justification for that type of legislation in terms of acknowledged ends of the Police Power, namely, the promotion of the public health, safety and morals. See Mugler v. Kansas, 123 U.S. 623 (1887); and for a transitional case, Bartemeyer v. Iowa, 18 Wall. 129 (1874).

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