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" "If a thing has been practised for two hundred years by common consent, it will need a strong case for the Fourteenth Amendment to affect it.
Oliver Wendell Holmes, Jr. (8 March 1841 – 6 March 1935) was an American jurist and Associate Justice of the Supreme Court of the United States from 1902 to 1932; he was often called "The Great Dissenter", and was the son of Oliver Wendell Holmes, Sr.
Biography information from Wikiquote
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Law, being a practical thing, must found itself on
actual forces. It is quite enough, therefore, for the law, that man, by an instinct which he shares with the domestic dog, and of which the seal gives a most striking example, will not allow himself to be
dispossessed, either by force or fraud, of what he holds, without trying to get it back again.
Philosophy may find a hundred reasons to justify the instinct, but it would be totally immaterial if it
should condemn it and bid us surrender without a murmur.