[61] Calder v. Bull, 3 Dall. 386, 388-389 (1798). See also Loan Association v. Topeka, 20 Wall. 655 (1875).
[62] Bank of Columbia v. Okely, 4 Wheat. 235, 244.
[63] Scott v. Sandford, 19 How. 393, 450 (1857).
[64] 13 N.Y. 378 (1856).
[65] 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).
[66] The Slaughter House Cases, 16 Wall. 36, 78-82 (1873). The opinion of the Court was focused principally on the privileges and immunities clause, and the narrow construction given it at this time is still the law of the Court. But Justices Bradley and Swayne pointed out the potentialities of the due process of law clause, and the former's interpretation of it may be fairly regarded as the first step toward the translation by the Court of "liberty" as Freedom on Contract.
[67] 94 U.S. 113 (1876).
[68] Benjamin R. Twiss, Lawyers and the Constitution, How Laissez Faire Came to the Supreme Court, 141-173 (1942).
[69] See especially Lochner v. New York, 198 U.S. 45 (1905); and Adkins v. Children's Hospital, 261 U.S. 525 (1923).
[70] 169 U.S. 466; ibid. 366.