ABSTRACT
In the opening address at the celebration of the two-hundredth anniversary of the birth of Chief Justice Marshall, Justice Frankfurter remarked that in a study of the "evolution of social policy by way of judicial application of Delphic provisions of the Constitution, recession of judicial doctrine is as pertinent as its expansion". Senn appealed to the Supreme Court, contending that the Fourteenth Amendment guarantied him a right to work with his own hands; that the union sought to destroy this right; that the state could not allow picketing which sought to coerce him to refrain from exercising his constitutional right. The state court had found that the end sought by the union was legal and that the means used to achieve this end were also legal. The Supreme Court agreed. As to the end sought by the union, said Justice Brandeis, the laws of the state permit unions to seek to induce employers to give up their right to self-employment.
