Abstract

http://ssrn.com/abstract=2048945
 
 

Footnotes (149)



 


 



The Due Process Plank


Andrew T. Hyman


The Institute for Intermediate Study

January 9, 2013

Seton Hall Law Review, Vol. 43, 2013

Abstract:     
The Republican Party’s national platform of 1860 is useful for interpreting the Fourteenth Amendment of the U.S. Constitution, which was written just six years later by a Republican-controlled Congress. However, the platform is frequently misunderstood. The due process plank of the platform is often portrayed as supporting the doctrine called substantive due process, but a close look at the platform shows that it did not actually support that doctrine. The due process plank aimed to protect liberty in free federal territories, rather than in areas like the District of Columbia where substantive due process would have applied equally. Congress largely stopped supporting slavery 150 years ago, in 1862, but not because of any substantive penumbra of the Due Process Clause.

Number of Pages in PDF File: 43

Keywords: Due process, Fourteenth Amendment, Abraham Lincoln, Constitutional law, Civil War, Republican Party

JEL Classification: K30

Accepted Paper Series


Download This Paper

Date posted: April 30, 2012 ; Last revised: January 10, 2013

Suggested Citation

Hyman, Andrew T., The Due Process Plank (January 9, 2013). Seton Hall Law Review, Vol. 43, 2013. Available at SSRN: http://ssrn.com/abstract=2048945

Contact Information

Andrew T. Hyman (Contact Author)
The Institute for Intermediate Study ( email )
Monroe, CT 06468
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,225
Downloads: 142
Download Rank: 118,799
Footnotes:  149

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.297 seconds