•  
  •  
 

Authors

Joseph Becker

Document Type

Article

Media Type

Text

Abstract

Holmes' dissent in Lochner disparaging economics as a touchstone for liberty started this nation down the procrustean path of jurisprudiential disaster. Soon thereafter, the United States Supreme Court began separating so-called economic liberties from those later "identified" as fundamental. Ludwig Von Mises, Austrian School economist, foresaw that "as soon as the economic freedom which the market economy grants to its members is removed, all political liberties and bills of rights become humbug." This article, relying upon principles of Mises, Rothbard, and other Austrian School economists, argues that separation of economic and fundamental liberties is scientifically impossible and concludes that the Court's artificial distinction between them has resulted in nearly sixty-five years of hopelessly irreconcilable and inept decisions necessarily detrimental to all liberties.

First Page

671

Last Page

718

Publication Date

7-1-1995

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.