Download This PaperOur Bipartisan Due Process Clause
60 Pages Posted: 8 Oct 2018 Last revised: 10 Apr 2020
Date Written: September 14, 2018
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.
Suggested Citation: Suggested Citation
Green, Christopher R., Our Bipartisan Due Process Clause (September 14, 2018). 26 George Mason Law Review 1147 (2019), Available at SSRN: https://ssrn.com/abstract=3249845