Index
Adams, John, 38
Adams, Willi Paul,
administrative bureaucracy and power, delegation of
expertise in,
Major Questions Doctrine,
under nondelegation doctrine, 188
skepticism of,
special purpose authorities,
administrative law,
police power and,
Administrative Procedure Act (1946), US, 116,
Affordable Care Act, US, 268,
Agins v. Tiburon, 214,
Ambler Realty Co. v. Village of Euclid,
animal welfare laws, 150
anti-commandeering doctrine, 265
arbitrariness,
inclusiveness and, 244
proceduralist review of, 243
salus populi principle, 244
sic utere principle, 244
synoptic review, 243
assisted suicide,
Austin, Benjamin, 76
authoritarianism, concerns about,
Baker v. Carr, 249
Barbier v. Connolly,
Barron, David,
Baumol, William,
Bentham, Jeremy, 68
BiMettalic v. State Board of Equalization,
Binford v. Sununu, 159
“boundary picking,” , 201
Brady, Maureen, 79
Brennan, William (Justice),
Brick Presbyterian Church v. Mayor of New York,
Briffault, Richard, 180
Brown, Adam, 32
Buchanan v. Warley, 114
Buck v. Bell, 114
Burger, Warren (Chief Justice), 166
Bush, George Herbert Walker, 135
Bush, George Walker, 135
Buttetieg, Pete, 304
Cardozo, Benjamin (Justice), 201
Carpenter, Daniel, 189
Champion v. Ames,
Charles River Bridge v. Proprietors of Warren Bridge, 70
Chevron v. NRDC, 266
City of Erie v. Pap’s A. M., 143
The Civil Rights Cases, 289
Claeys, Eric, 120
classical legal thought, 96
Cleveland Telephone Co. v. City of Cleveland, 99
Clinton, Bill, 135
command-and-control regulations, 322
Commentaries on the Laws of England (Blackstone), 45
Commerce Clause,
common good constitutionalism,
common goods, zoning laws and,
common law
development as legal theory, 80
private property law and,
sic utere principle in, 55
zoning laws and, 122
Commonwealth v. Alger, ,
Commonwealth v. Tewksbury,
Conchatta v. Miller, 144
Constitution, US. See also Bill of Rights; Contract Clause, in US Constitution; rights, individual, in US Constitution
Commerce Clause,
Eminent Domain clause in, 65
First Amendment
during Covid-19 pandemic, 160
free speech and,
individual rights under, ,
morals regulations and, 143
interpretation of, 81
judicial review in,
Ninth Amendment,
political strategy and,
public meaning of, , 77
purpose of,
Second Amendment, ,
state constitutions influenced by,
Supremacy Clause in, 53
Tenth Amendment, , 54,
constitutional avoidance canon, 250
constitutionalism
administered,
British, 29
common good,
laissez faire,
The Slaughterhouse Cases, 95
libertarian, , 142
republican tradition of,
constitutionalism, American,
classical liberal theory and,
criticism of,
federalism and,
interpretive method for, 81
public meaning of,
purpose of,
strategic approaches to,
contestation of rights,
Contract Clause, in US Constitution, 65, 82
eminent domain under,
liberty of contract, 103
morals regulations and, 142
restriction of state regulatory authority and, 68
private property under,
property rights under,
state authority under,
Cornell, Saul,
countermajoritarian mechanisms
during Lochner era Supreme Court,
during Progressive era, 100
state constitutions as, , 101
Covid-19 pandemic
due process during, 210
First Amendment and, 160
Jacobson v. Massachusetts, 159
police power and,
sic utere principle and,
culture wars,
Cushman, Barry,
Dartmouth College cases,
De Mortibus Maris (Lord Hale),
Declaration of Independence, 18
Declaration of Rights, in Pennsylvania state constitution, 20
democracy,
DeShaney v. Winnebago County,
Devlin, John, 175
Devlin, Lord, 142
disclosure regulations, 320
District of Columbia v. Heller, 205,
Diver, Colin, 243
Due Process Clause, of Fourteenth Amendment, 146
Dunning–Kruger effect, 328
duty of public care, 186
Dworkin, Ronald, 142
dynamic police power,
early legislative policies, in US,
common law traditions and, 68
natural law principles and,
positive law and, 68
purpose of, 68
sic utere principle in, 68
statutory lawmaking, 67
education, right to, 228
education policy, 272
Eisenstadt v. Baird,
Ellickson, Robert,
Ely, John Hart, 249
Emergency Powers of the Governor Act of 1945 (Michigan), US, 176
Emerson, Blake, 186
eminent domain
under Contract Clause,
Holmes on, 102
Horwitz on, 128
jus publicum principle and,
police power and,
during Progressive era,
property rights and,
salus populi principle and, 152
in urban settings, 152
Eminent Domain clause, in US Constitution, 65
The End of Liberalism (Lowi), 190
environmental racism, 300
equal protection, right to,
animus and, 245
Erie Canal, construction of, 65
Ernst, Daniel, 188,
Euclidean zoning,
expertise,
in administrative bureaucracy and power,
skepticism of,
Federal Communications Act, US (1934), 262
Federal Communications Commission, 88
Federal Trade Commission Act, US, 262
federalism, federal power and
American constitutionalism and,
Articles of Federation,
Brown v. Maryland, 53
expansion of, 270
Gibbons v. Ogden, 52
McCulloch v. Maryland, 53
during New Deal era, 263
New York v. Miln,
opportunistic,
over commerce issues,
police power and,
conceptual approach to,
dynamic,
expansion of,
Major Questions Doctrine, 266
national,
salus populi principle and,
principal-agent formulation,
“separate spheres” analysis of,
Feinberg, Joel, 142
Field, Stephen (Justice), 211
Finnis, John, 142
First Amendment
during Covid-19 pandemic, 160
free speech and,
individual rights under, ,
Lochnerism and, 11
morals regulations and, 143
Fishkin, Joey,
Fiss, Owen, 124
Fleming, James, 167
Fletcher, George, 142
Fletcher v. Peck,
Flint water crisis, 301
Food & Drug Safety Act, US, 262
Forbath, William,
Forbes’ Case, ,
formalism, 96
Franklin, Ben, 26
Friedman, Barry, 305,
Friends of Danny Devito v. Wolf, 159
Frug, Gerald,
gambling, morals regulation of,
Gardner, James,
George, Robert, 142
Georgia Lactation Consultant Practice Act, US, 237
Gluck, Abbe, 271
Godkin, Edwin, 106
Goldberg, Suzanne, 139
Goldberg v. Kelly, 212
Gomillion v. Lightfoot, 249
Gonzales v. Raich, 267
Gorsuch, Neil (Justice), ,
governance structures. See also regulatory governance; specific topics
analysis of,
authoritarianism concerns and,
as control mechanism,
Grad, Frank, 137
Granger laws, 71
Great Britain
constitutionalism in, 29
legal philosophy and thought in, 68
US colonies’ relationship with, 18
Great Society, 11
Gregory v. Ashcroft, 265
Griswold v. Connecticut,
guns and firearms, regulation of,
District of Columbia v. Heller, 205,
New York State Rifle & Pistol Ass’n v. Bruen, 205,
public opinion on, 298
Supreme Court and,
Gunther, Gerald, 241
Hale, Lord,
Hamilton, Alexander, 22, 201, . See also Bill of Rights; Federalist Papers (Hamilton and Madison); rights, individual, in US Constitution
Hand, Learned, 201
harm principle,
Hart, H. L. A., 142
Hart, Henry, 251
Hartog, Dirk, 196
Hawaii Housing Authority v. Midkiff, 152
health care, right to, 228
health policies, 272
heuristics, 326
Hohfeld, John Wesley,
home rule mechanisms, for police power,
Honore, Tony, 142
housing policies
access and affordability mechanisms,
Hulseboch, Daniel, 36
Hunter decision,
Hurst, J. Willard, 8,
hyper-localism, police power and,
Illinois Central Railroad v. Illinois, 100
In re Abbott,
In re Tahiti Bar, 144
incentive-based regulations,
infrastructure
in Federalist Papers,
modern examples of, 163
Novak on, 64
police power and,
during Progressive era through massive public investment,
as public policy,
public rights to, 64
Scheiber on, 65
wealth inequality and,
initiative lawmaking, 106
International News Service v. Associated Press,
interpretation, judicial
legal canon for,
of constitutional avoidance, 250
during Legal Process era, 251
for police power,
presumptions in,
Interstate Commerce Act, US,
Issacharoff, Sam, 249
Jew Ho v. Williamson, 113
judicial intervention
in common law traditions, 30,
individual rights and, 203
during Lochner era Supreme Court,
state constitutions and,
Kahn, Alfred, 319
Kahneman, Daniel, 326
Kendrick, Leslie, 246
Kennedy, Duncan, 96
Kohler Act, US, 103
Kovacs v. Cooper, 134
laissez faire constitutionalism,
Lochner era Supreme Court and, ,
police power and,
The Slaughterhouse Cases, 95
land use regulations, police power and, 153
Lawrence v. Texas, 146, ,
Lawton v. Steele, 113
Lee, Sophia,
Legal Process era, 251
Legal Realism movement, 108
legislative powers, of states, under state constitutions, 19
legislative skepticism, 73
initiative lawmaking and,
jus publicum principle and,
during Lochner era Supreme Court,
during post-Reconstruction era, 93
during Reconstruction era, 86
LGBTQ+ populations
animus against,
Bostock v. Clayton County,
Lawrence v. Texas, 146, ,
moral regulations and,
Obergefell v. Hodges, ,
Romer v. Evans, 147, ,
United States v. Windsor,
liability rule, in takings law, 324
liberal theory, American constitutionalism and,
libertarian constitutionalism, , 142
liberty rights,
presumption of liberty,
Lincoln, Abraham, 329
Linde, Hans,
Lindsley v. Natural Carbonic Gas Co., 115
Lingle v. Chevron, 217
Liquormart v. Rhode Island, 144
Little Rock v. Arkansas, 169
localism, of police power,
arguments for, 183
disadvantages in,
home rule mechanisms,
hyper-localism,
in nineteenth century,
origins of, 180
skepticism of, 184
Lochner era, for US Supreme Court,
conceptual approach to,
contract rights during,
countermajoritarian elements during,
individual rights during, 201,
Jacobson v. Massachusetts, , 114
judicial intervention during,
jus publicum principle during,
laissez faire constitutionalism and, ,
legislative skepticism during,
Mugler v. Kansas, , , 125,
property rights during,
regulatory takings law, 86
state-building during, 84
zoning laws and,
Lochner v. New York, 84,
Locke, John, , 235
Londoner v. Denver, 210
Lowi, Theodore, 190
Lucas v. South Carolina Coastal Council,
Madison, James, 18, 28, 38, . See also Bill of Rights; Federalist Papers (Hamilton and Madison); rights, individual, in US Constitution
on tyranny, 203
Marvin v. Trout,
Massachusetts, Contract Clause in,
Masterpiece Cakeshop v. Colorado,
Matthews v. Eldridge, 212
McCormack, Bridget,
McQuillin, Eugene, 180
Members of the Medical Licensing Board of Indiana, et al. v. Planned Parenthood Great Northwest, 224
Merrill, Thomas, 213
Michelman, Frank, 213
Michigan
Emergency Powers of the Governor Act of 1945, 176
Flint water crisis, 301
nondelegation doctrine in,
Mill, John Stuart,
Minnesota Rate Case,
Mississippi, zoning laws in, 130
morals regulations
for abortion, 141
through animal welfare laws, 150
under Commerce Clause,
criminalization of sex work,
culture wars and,
First Amendment and, 143
for gambling,
harm principle and,
individual liberty and,
Bill of Rights and,
libertarian constitutionalism and, 142
liberty of contract and, 142
legitimacy of,
against LGBTQ+ populations,
Mill on,
Novak on,
police power and, 138,
public indecency statutes, 166
for public safety, 145
under Restatement (Second) of Torts, 145
scope of,
sic utere principle and, , ,
Mugler v. Kansas, , , 125,
Muller v. Oregon,
Nachbar, Thomas, 258
National Complete Streets Coalition, 297
national police power,
National Pork Producers Council v. Ross, 265
natural rights, 58, 78, 81,
in Bill of Rights,
Locke on, , 235
police power compared to,
property and, 73
Nebbia v. New York, , , 237
negative rights, 220
New York State Rifle & Pistol Ass’n v. Bruen, 205,
New York v. United States, 261
Newsom, Gavin, 271
NFIB v. Sebelius,
NIMBY movement, 293
Ninth Amendment,
nondelegation doctrine,
administrative power limits under, 188
Major Questions Doctrine and,
Supreme Court support for, 191
Novak, William J., 42
on morals regulations,
on positive rights, 236
on rights to public infrastructure, 64
on salus populi principle, 58,
on state constitutional rights, 220
nudges,
nuisance laws
jus publicum principle and, 61
moral nuisance, 145
police power and, 79
public infrastructure and, 79
Restatement (Second) of Torts, 145
Nussim, Jacob, 322
Obergefell v. Hodges, ,
O’Connor, Sandra Day (Justice), ,
Oklahoma, state constitution of, 136
“On Participation” (Pitkin and Shumer), 184
O’Neal, Emmett, 105
opportunistic federalism,
originalist interpretations, of state constitutions, 164
Parmet, Wendy,
patria potestas, 45
Pearson, Susan, 84
People ex rel LeRoy v. Hurlbut,
People v. Adams, 159
performance-based regulations, 321
Pigovian taxes,
Pildes, Richard, 249
Pitkin, Hannah Fenichel, 184
Planned Parenthood v. Casey,
Poe v. Ullman, 241
police power. See also federalism, federal power and; localism, of police power; salus populi principle; sic utere principle; specific cases; specific topics
Blackstone on, , 60
Brick Presbyterian Church v. Mayor of New York,
Brown v. Maryland, 26
in Commentaries on the Laws of England, 45
Commonwealth v. Alger, ,
conceptual approach to, ,
analysis of,
contract rights and, 43
as control mechanism,
Covid-19 pandemic and,
early legislative lawmaking as influence on,
eminent domain and,
expansion of, 10
federalism and,
Fourteenth Amendment and,
Freund on, 138
general welfare protections and,
Gibbons v. Ogden, 52
historical development of, 45
history of,
role of Supreme Court in,
as household management, 46
infrastructure and,
judicial interpretation of,
laissez faire constitutionalism and,
litigation over, 4
morals regulations and, 138,
national,
natural law and, 73
natural rights compared to,
nuisance laws and, 79
obscurity of,
occupational licensing and,
during post-Reconstruction era, , 124
practical purpose of,
private property and, 101
property rights and, 43
public health regulation and, ,
public works and,
during Reconstruction era,
regulatory takings doctrine,
as social control mechanism, 46
structural approaches to, 5
in urban settings,
eminent domain issues, 152
for land use regulations, 153
for tenant protection, 155
zoning laws,
Vanderbilt v. Ames, 63
“wicked problems” and, 193
zoning laws and,
police power national,
political rights, 213
popular sovereignty, through state constitutions,
constitutional structure, 125
good governance and,
in post-revolutionary era, 23
positive rights,
Novak on, 236
public safety policies and, 306
right to education, 228
right to health care, 228
sic utere principle and,
Post, Robert, 3
post-Reconstruction era. See also Lochner era, for US Supreme Court; Progressive era
administrative policy during,
collective welfare policy, 93
legislative skepticism during, 93
reasonableness standards during,
unreasonable statutes during, 93
Pound, Dean Roscoe,
power, structuring of,
Precautionary Principle, 288
preemption,
presumption of liberty,
Primus, Richard,
private property law
in classic common law traditions,
under Contract Clause,
police power and,
during Progressive era, , 127
privilege-no right,
proceduralist review, of arbitrariness, 243
Progressive era. See also Lochner era, for US Supreme Court
administrative policy during,
Bureau of Animal Industry, 88
countermajoritarian instruments during, 100
eminent domain during,
Federal Communications Commission, 88
jus publicum principle during, 100
labor laws during, 88
massive public investment during,
private property rights during, , 127
property rights during, 211
public trust doctrine, 100
public welfare policy during, 185,
reasonableness standards during,
salus populi principle during, 63
sic utere principle during, 63
takings law during, 101
Progressivism,
property, definition of, 103
property rights, . See also private property law; zoning laws
Agins v. Tiburon, 214,
under Contracts Clause,
eminent domain and,
freedom to use, 56
International News Service v. Associated Press,
during Lochner era Supreme Court,
during modern era,
natural rights and, 73
police power and, 43
political rights and, 213
during Progressive era, 211
reconfiguration of,
salus populi principle and, 215
takings cases, ,
Pruneyard Shopping Center v. Robins,
public choice theory,
public indecency statutes, 166
public interest, 72
public law, private law compared to, 9
public meaning, of constitutions, , 77
public purpose requirement, 106
public trust doctrine
during Progressive era, 100
public welfare policy and, 185
state constitutions and, 28
public welfare policy, requirements of,
common good constitutionalism,
cost-benefit analysis of, 186
development of, 185
as duty of public care, 186
during Progressive era, 185,
public trust doctrine and, 185
salus populi principle and,
Vermeule on,
public works, police power and,
Raffensberger v. Jackson, , 257
Rakove, Jack, , 201
Randolph, Edmund, 26
ratemaking authorities,
rational choice theory, 32
Rawls, John,
Reaching our Sisters Everywhere (ROSE), 237
Reagan, Ronald, 135
reasonableness standards, , 260
judicial review and,
during post-Reconstruction era,
during Progressive era,
Reconstruction era. See also post-Reconstruction era
legislative skepticism during, 86
police power at end of,
Redish, Martin, 204
regulatory governance. See also takings law
administered constitutionalism and,
anti-administrativism and, 135
conceptual approach to,
intervention techniques
classic models,
command-and-control regulations, 322
disclosure regulations, 320
incentive-based regulations,
performance-based regulations, 321
taxation,
modern approaches to, ,
New Deal policies,
nudges in,
heuristics and, 326
public choice theory,
public faith in, 135
rights revolution and, 136
at state level,
growth of,
regulatory takings doctrine,
Lochner era Supreme Court, 86
Rehnquist, William (Chief Justice), 267
Reich, Charles, 212
Renton v. Playtime Theatres, 143
representative democracy, ,
Restatement (Second) of Torts, 145
rights, individual, in US Constitution, . See also property rights; specific rights
“boundary picking” and, , 201
Campbell on, , 207
conceptual approach to,
contestation of,
definition of,
to equal protection,
expansion of, 202
federal power and, 201
under First Amendment, ,
during Covid-19 pandemic, 160
free speech,
Lochnerism and, 11
morals regulations and, 143
judicial intervention and, 203
judicial review and,
during Lochner era of Supreme Court, 201,
during modern era,
negative rights, 220
original forms of, 201
political, 213
positive,
Novak on, 236
public safety policies and, 306
right to education, 228
right to health care, 228
sic utere principle and,
under Second Amendment,
as trump of federal power,
rights revolution, 136
Rodriguez, Cristina, 183
Roe v. Wade, 141,
Romer v. Evans, 147, ,
Rossi, James,
rule of law,
Sacks, Albert, 251
salus populi principle, 9, 10
arbitrariness and, 244
eminent domain and, 152
Novak on, 58,
during Progressive era, 63
property rights and, 215
public welfare and,
Reconstruction amendments and, 289
zoning laws and, , 119
Sanders, Anthony, 223
Sassen, Saskia,
Sato, Sho, 182
Sax, Joseph,
Scalia, Antonin (Justice), , 205
Schad v. Mount Ephraim, 143
Schleicher, David, 292
Schmitt, Carl, 51
Schragger, Richard,
Schwartzman, Micah, 246
Second New Deal, 262
Securities & Exchange Acts, US, 262
self-enforcing equilibrium,
“separate spheres” analysis, of federalism,
separation of powers, in state constitutions, 88, 166,
during Covid-19 pandemic,
nondelegation doctrine, ,
of plenary power, 174
statutory interpretation of, 176
unbundled executive power, 174
sex work, criminalization of,
SFAA v. Harvard, 209
SFAA v. U. North Carolina, 209
Shapiro, Martin, 165
Shaw, Lemuel (Justice),
Sherman Antitrust Act, US, 262
Shill, Gregory,
Shoked, Nadav, 184
Shumer, Sara, 184
sic utere principle, ,
arbitrariness and, 244
Brick Presbyterian Church v. Mayor of New York,
in common law, 55
during Covid-19 pandemic,
damage and, 286
in early lawmaking, 68
morals regulations and, , ,
positive rights and,
Precautionary Principle, 288
in private law, 55
during Progressive era, 63
tort law and, 91,
Vanderbilt v. Adams, 57
skepticism
of administrative bureaucracy,
of expertise,
of localism of police power, 184
of self-dealing,
of zoning laws, 156
Skowronek, Stephen, 262
Smart America, 297
Smith, Adam, 45
Smith, Henry, 213
social control, through police power, 46
Sotomayor, Sonia (Justice), 247
Souter, David (Justice), 242,
special purpose authorities,
Spencer, Herbert, 204
state constitutions, state constitutionalism and. See also specific states
British constitutionalism and, 29
conceptual approach to, 137
as countermajoritarian mechanism, , 101
failure of,
individual rights in, 219
length and stability of, 32
Major Questions Doctrine and,
Novak on, 220
originalist approach to, 164
political strategy and,
popular sovereignty through,
through constitutional structure, 125
good governance and,
in post-revolutionary era, 23
public meaning of, , 77
public rights and, 28
public trust doctrine and, 28
purpose of, ,
reform as constitutional reset,
through skepticism, 86
renaissance for,
representation and,
democracy and,
during revolutionary era,
constitutions as instruments of governance, 21
early framers of state constitutions, , 21
political legacy of,
right to liberty,
separation of powers in, 88, 166,
during Covid-19 pandemic,
nondelegation doctrine, ,
plenary power, 174
statutory interpretation of, 176
unbundled executive power, 174
structure of,
popular sovereignty through, 125
subordination in,
US Constitution as foundational influence on,
State v. Reid, 206
state-building, during Lochner era Supreme Court, 84
Stevens, John Paul, 146
subordination, in state constitutions,
Supremacy Clause, 53
Supreme Court, US. See also Lochner era, for US Supreme Court; specific cases
gun regulation and,
history of police power and,
Major Questions Doctrine and, 191
nondelegation doctrine and, 191
during post-Reconstruction era,
synoptic review, of arbitrariness, 243
takings law, 230, . See also specific cases
liability rule, 324
during Progressive era, 101
property rights and, ,
taxation,
Pigovian taxes,
Taylor, Frederick Winslow, 189
tenant protections, police power and, 155
Tenth Amendment, , 54,
Terminiello v. Chicago,
Texas v. Johnson,
Thaler, Richard, 326
Thayer, James Bradley (Justice), 201
A Theory of Justice (Rawls),
Thomas v. Smith, 121
Thorpe v. Rutland & Burlington Railroad Co.,
Thurlow v. Massachusetts, 140
Tiebout, Charles, 274
tort law
general welfare protections under,
Restatement (Second) of Torts, 145
sic utere principle and, 91,
Tribe, Laurence, 108
Trump v. Hawaii, 247
Trustees of Dartmouth College v. Woodward, 82
Tversky, Amos, 326
tyranny, Madison on, 203
Uniform Bar Exam, 158
United States (US). See also Constitution, US; constitutionalism; New Deal; state constitutions, state constitutionalism and; Supreme Court, US; specific states; specific topics
Administrative Procedure Act, 116,
Affordable Care Act, 268,
Bureau of Animal Industry, 88
culture wars in,
Declaration of Independence, 18
Federal Communications Act, 262
Federal Communications Commission, 88
Federal Trade Commission Act, 262
Food & Drug Safety Act, 262
Interstate Commerce Act,
Kohler Act, 103
Securities & Exchange Acts, 262
Sherman Antitrust Act, 262
Voting Rights Act of 1965, 290
United States Dep’t of Agriculture v. Moreno,
United States v. Morrison, 261,
United States v. Windsor, , 265
urban blight, 153
Urofsky, Melvin, 127
Vanderbilt v. Adams, 57
Vanderbilt v. Ames, 63
Vermeule, Adrian, ,
Village of Belle Terre v. Boraas, 153
Virginia v. Black, 203
Voting Rights Act of 1965, US, 290
Waldron, Jeremy,
Washington v. Davis, 209
Washington v. Glucksburg,
water law doctrines, 100
wealth inequality, infrastructure and,
Weber, Max, 189
Weingast, Barry, 59
Weisbach, David, 322
West Coast Hotel v. Parrish,
Whiggish political theory,
White, G. Edward, 44
Whitmer, Gretchen, 176
Wickard v. Filburn, 267
“wicked problems,” police power and, 193
Williamson v. Lee Optical, ,
Wilson, James, 38
Wisconsin Legislature v. Evers, 176
zoning laws,
Ambler Realty Co. v. Village of Euclid,
Claeys on, 120
as common good,
in common law tradition, 122
early establishment and regulation of,
Euclidean,
during Lochner era Supreme Court,
in Mississippi, 130
in New Jersey,
police power and,
salus populi principle and, , 119
skepticism of, 156
Thomas v. Smith, 121
in urban settings,
in Virginia, 121
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