The Constitution in the Supreme Court: The First Hundred ...
David P. Currie
The First Hundred Years, 1789-1888 David P. Currie ... The most straightforward part of the Munn opinion was historical: rate regulation had been common in England before the Revolution, ... with historical precedent, Waite insisted on explaining that the businessmen in Munn had not been "deprive[d]" of property at all.