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1 - Due Process of Law

from Part I - Antebellum Law

Published online by Cambridge University Press:  30 October 2020

Ilan Wurman
Affiliation:
Sandra Day O’Connor College of Law, Arizona State University
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Summary

This chapter surveys the legal history of the term "due process of law," from Magna Carta, the Statutes of Edward III, and the Petition of Right to the writings of William Blackstone and the opinions of antebellum state-level court cases. It argues that there was no concept of "substantive due process" in the antebellum period. It refutes arguments that due process prohibited class legislation, limited states to reasonable exercises of the police powers, or underwent a change in meaning as a result of abolitionist constitutional thinkers.

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The Second Founding
An Introduction to the Fourteenth Amendment
, pp. 15 - 35
Publisher: Cambridge University Press
Print publication year: 2020

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  • Due Process of Law
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.002
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  • Due Process of Law
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Due Process of Law
  • Ilan Wurman
  • Book: The Second Founding
  • Online publication: 30 October 2020
  • Chapter DOI: https://doi.org/10.1017/9781108914956.002
Available formats
×