Christopher R. Green (University of Mississippi – School of Law; The Originalism Blog) has posted Our Bipartisan Due Process Clause (George Mason Law Review, forthcoming) on SSRN. Here is the abstract:
What it meant to “deprive any person of life, liberty, or property without due process of law” was very well-known to the men who proposed the Fourteenth Amendment: to take away life, liberty, or property without traditional judicial proceedings, except where public safety required it. Congressmen made this very clear, and at great length—but in 1862, rather than 1866.
Posted at 6:50 AM