[71] See Charles W. Collins, The Fourteenth Amendment and the States, 188-206 (1912).

[72] Labor Board v. Jones & Laughlin, 301 U.S. 1, 33-34; West Coast Hotel Co. v. Parrish, 300 U.S. 379, 391-392.

[73] 268 U.S. 652, 666; cf. Prudential Ins. Co. v. Cheek, 259 U.S. 530, 543 (1922).

[74] The subject can be pursued in detail in connection with Amendment I, pp. [769-810].

[75] These cases are treated in the text, see [Table of Cases].

[76] See Williams v. United States, 341 U.S. 97 (1951).

[77] See: Oliver Wendell Holmes, Collected Legal Papers, 239, 295-296 (1920); Merlo J. Pusey, Charles Evans Hughes, I, 203-206 (1951). Burns Baking Co. v. Bryan, 204 U.S. 504, 534 (1924); Baldwin v. Missouri, 281 U.S. 586, 595 (1930); American Political Science Review, xii, 241 (1918); New York Times, February 12, 1930. It was also during the same period that Judge Andrew A. Bruce of North Dakota wrote: "We are governed by our judges and not by our legislatures.... It is our judges who formulate our public policies and our basic law". The American Judge, 6, 8 (1924). Substantially contemporaneously a well read French critic described our system as Le Gouvernment des Juges (1921); while toward the end of the period Louis B. Boudin published his well known Government by Judiciary (2 vols., 1932).

[78] Collected Legal Papers, 295-296.