“A license cannot be revoked because a man is redheaded or because he was divorced, except for a calling, if such there be, for which redheadedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids.”

— Felix Frankfurter

Barsky v. Board of Regents, 347 U.S. 442, 470 (1954).
Judicial opinions

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Felix Frankfurter 67

American judge 1882–1965

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“The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

“As a general definition, it may be stated that a food is a substance which, when introduced into the body, supplies material which renews some structure or maintains some vital process; and it is distinguished from a medicine in that the latter modifies some vital action, but does not supply the material which sustains such action.”

Edward Smith (physician) (1819–1874) British physician, born 1819

Introd., p. 1
Foods

“Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

“It would be folly to deny that we still have problems of interstate relations to handle. We boast that this is a land of equal opportunity for all. We insist that there is one law for all the people. But that equality suffers often because of the divergencies between the laws of different States. So long as some can go to a distant State for divorces which others are denied at home, there is not equality in this regard. When some States grant valuable exemptions from taxation which other States impose, one person may enjoy while another is denied these benefits.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, The Reign of Law (1925)

“And more: by rushing into politics, what principles are the conservatives abandoning, and which are they accepting? Voting and political action itself implies a sanctioning of the state, and hence of its basis — the rule of man by man. The conservatives would fight the principle by adopting it. They oppose the state — by sanctioning the entire governing process. What will be the result? The growth of the state.”

Roy A. Childs, Jr. (1949–1992) American libertarian essayist and critic

“Autarchy and the Statist Abyss,” 1968

“A few years ago a majority of the States had adopted prohibition or rigid restrictions on the traffic in intoxicating liquor. But other States did not cooperate in advancing this policy, and ultimately by national action it was extended to all the Union. By failing to meet the requirements of a national demand the States became deprived of the power to act. If questions which the States will not fairly settle on their own account shall have to be settled for them by the Federal authority, it will only be because some States will have refused to discharge obvious duties.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, The Reign of Law (1925)

“Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate, or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey.”

William Blackstone book Commentaries on the Laws of England

Introduction, Section II http://avalon.law.yale.edu/18th_century/blackstone_intro.asp: Of the Nature of Laws in General
Commentaries on the Laws of England (1765–1769)

“All intellectual property rights are just licenses granted by society because it was thought, rightly or wrongly, that society as a whole would benefit by granting them. But in any particular situation, we have to ask: are we really better off granting such license? What kind of act are we licensing a person to do?”

Richard Stallman (1953) American software freedom activist, short story writer and computer programmer, founder of the GNU project

1980s, GNU Manifesto (1985)

“It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“When, therefore, we enter the realm of State action, everything is to be considered and weighed on its merits. Changes in death duties, income tax, land tenure, licensing, game laws, church establishment, feudal rights, slavery, and so on through all ages, have received the same denunciations from the absolutists of contract, who are the real parents of revolution.”

John Maynard Keynes (1883–1946) British economist

A Tract on Monetary Reform (1923), Ch. 2 : Public Finance and Changes in the Value of Money

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Felix Frankfurter 67

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