by George Howard Earle, Jr.

“ Now, while "liberty" is of the former class, liberty to engage in national trade is of the select few in the higher class coming under the direct protection of the national law, no matter by whom invaded.
While the Constitution leaves the great body of liberty to the protection of the States, except where invaded by the States, it also recognizes it as an "inalienable" right, and protects it even from the States themselves. It can, therefore, in no degree be doubted that liberty is a right of every citizen of the United States. But what is liberty? ”

“ Restraints Through Invading Liberty
There are certain rights which the Constitution of the United States protects from State invasion—they are many;—but a few which it especially cherishes by protecting them from both State and individual invasion. Broadly speaking, general inherent rights are of the former class, while those which originate in the Constitution itself are alone of the latter. ”

“ It always must be remembered that it is a right arising under the Constitution itself with all that such right implies—a right that exists and that might have to be considered independently of the Sherman Act. ”