...matters.1'" As Mr. Justice Stone asserted in a footnote to United States v. Carnlnif I'mrl nets Co.,"* "[t]here may be narrower scope for operation of the...presumption of constitutionality when legislation ajrpears on its face to be within a specific prohibition of the Constitution, such as those of the...

...interpret the Fourteenth Amendment as protecting those rights already specified in the Bill of Rights. "There may be narrower scope for operation of the...equally specific when held to be embraced within the Fourteenth."75 If the "liberty" protected by the Fourteenth Amendment could be interpreted as simply...

...Court by suggesting, in Justice Stone's footnote number four, that: There may be narrower scope of operation of the presumption of constitutionality...Constitution, such as those of the first ten Amendments . . . ... it is unnecessary to consider now whether legislation which restricts those political processes...

...three categories of cases in which a presumption of constitutional validity might not operate: (1) "when legislation appears on its face to be within...prohibition of the Constitution, such as those of portance of judges' scrutinizing the functioning of political processes, particularly electoral processes....

...and legislative power. In the famous footnote four to that opinion, Justice Stone said for the Court: There may be narrower scope for operation of the presumption...equally specific when held to be embraced within the Fourteenth.19 That there should be any presumption of constitutionality for legislation that on its...

...better position to appreciate fully the theory of Footnote 4 which began as follows: There may be a narrower scope for operation of the presumption of...equally specific when held to be embraced within the Fourteenth.77 Thus, in Footnote 4 we have enunciated the modern theory of constitutional rights: adopt...

...law, in footnote four of the Carolene decision the Court declared: There may be a narrower scope lor operation of the presumption of constitutionality...constitution, such as those of the first ten amendments. . . . It is unnecessary to consider now whether legislation which restricts those political processes...

...this occurred in the United States v. Carolene Products (1938). Its famous footnote 4 suggested that "[t]here may be narrower scope for operation of the presumption of constitutionality" under certain circumstances — circumstances that have become the bulk of the Court's business: cases...

...need to protect those groups that might not be able to protect themselves in the political process: There may be narrower scope for operation of the presumption...specific when held to be embraced within the Fourteenth. . . . It is unnecessary to consider now whether legislation which restricts those political processes...

...paragraph of the most famous footnote 1n Supreme Court history: "There may be narrower scope for operat1on of the presumption of constitutionality when legislation...when held to be embraced within the Fourteenth.'^ In the half-century since Carolene Produtts, the Court has taken the hint of footnote four. A list...