Black’s Dissent- The due process clause did not vest the judiciary with the power to measure constitutionality by our belief that legislation is arbitrary, capricious, or unreasonable, or accomplishes no justifiable purpose, or is offensive to our notions of civilized standards of conduct.
In critique of the majority’s striking down of legislation without identifying a specific constitutional right violation. The majority abandoned the restraint of its Slaughter House reasoning—beginning of substantive due process review.

Evolution of economic rights doctrine was advanced further when the court indicated theat the due process clause might function as a check on legislative power.