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 people, in a scientific age, to insist upon a rational basis for
 governmental action° No branch of government is immune from that
 demand. And when the legislative department fails in it duty,
 the courts must respond. See Marburz__!_ Madison, 2 L. Ed. 66
 (1803). But Goodpaster has artfully shown how a modest modicum
 of judicial review under the reasonable relationship test has
 suffered an attenuation to a _rational-relationship" or
 minimum-rationality test. "We have gone by this; route from a
 modest measure of judicial review to no review at all."
 Goodpaster, The Constitution and FunDamental Rights° 15 Ariz. L.
 Revo 479_
 Our process of judicial review has much relied upon the
 principle of presumptive constitutionality. The motivation for
 this limitation upon review resides largely in a commitment to
 _neutrality" in judicial review° "The Constitution, _' Justice
 Holmes wrote, "was not intended to embody any particular economic
 theory° It is to be preserved for many fundamentally differing
 social view°" Lochner vo New York, 198 U.S. 45, 25 S. Cto 539,
 49 L. Edo 937 (1905) (Holmes, J., dissenting)° The important
 corollary to the analysis of the nature of American
 constitutionalism so eloquently expressed by Holmes in Lochne< is
 that government can and should be able to meet the needs of a
 changing society°
 It was the fear of legislative and majoritarian abuse of

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