Early substantive due process cases: Town of Lake View v. Rose Hill Cemetery – Illinois, 1873 (70 Ill. 191); Rippe v. Becker – Minnesota, 1894 (57 N.W. 331)
“The old Jeffersonian maxim was that the country is governed the best that is governed the least. At present, the tendency is all the other way, and toward socialism and paternalism in government. This tendency is perhaps … inevitable, as … society [becomes] older,and more complex in its relations.” -Justice William Mitchell, in Rippe TO LEARN MORE ABOUT THIS PERIOD, CLICK ON THE LINK BELOW. YOU CAN ALSO USE THE "SITEMAP" TAB AND THE LINKS ABOVE TO GO TO:
| “We are unwilling, however, to concede the existence of an indefinable [police] power, superior to the constitution, that may be invoked whenever the legislature may deem the public exigency may require it, by which a party may be capriciously deprived of his property or its use, without compensation.” – Justice John Scott, in Rose Hill “All property is acquired and held under the implied liability that the use of it may be so regulated that it shall not be injurious to the rights of the community.” – Justice Benjamin Sheldon (dissenting), in Rose Hill |
EMPIRE OF LAWS - The Legal History of the 50 American States > 5. MIDWEST LEGAL HISTORY > 5.3. The Midwest,1865-1900: The Flowering of Agrarian Capitalism > 5.3.1. The Midwest, 1865-1900: Last Stand for States Rights > 5.3.2. The Midwest, 1865-1900: The Beginnings of Modern Civil Rights > 5.3.3. The Midwest, 1865-1900: The Women's Rights Revolution > 5.3.4. The Midwest, 1865-1900: The Beginnings of the Regulatory State >