Liberty and the Police Power

Authors

Clarence Emmett Manion, Notre Dame Law School

Document Type

Article

Publication Date

1928

Publication Information

3 Notre Dame L. 240 (1927-1928)

Abstract

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The welfare of the corporate community as such was never intended to be the object of American legislation. One is at perfect liberty to do anything which will not be the proximate cause of injury to another or to another's property. With that liberty the legislature should be powerless to interfere.

Recommended Citation

Clarence E. Manion, Liberty and the Police Power, 3 Notre Dame L. 240 (1927-1928).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1008