Holland (1920), JusticeOliverWendellHolmes followed this logic to declare that no "invisible radiation from the general terms of the Tenth Amendment" applies to the Treaty Power.
Eugenics, the pseudo-science of racial pecking orders, was so much the rage in academic circles from the late 19th century through the 1930s that even a towering liberal figure like Supreme Court JusticeOliverWendellHolmes believed in it.