I have posted to SSRN Our Bipartisan Due Process Clause, prepared as part of the big IJ/Law & Liberty Center Fourteenth Amendment symposium at Scalia/Mason this Friday. 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.
Download it while it's still got the edgy "under review" watermark–and anyone in the DC area, please stop by on Friday to hassle me about it! Those paying close attention to the Timbs v. Indiana excessive-fines incorporation case will be particularly interested in page 46 footnote 248.
Posted at 10:14 AM