Due process of law : a brief history

cover image

Where to find it

Davis Library (6th floor)

Call Number
KF4765 .O78 2003
Status
Available
Call Number
KF4765 .O78 2003 c. 2
Status
Available
Call Number
KF4765 .O78 2003 c. 3
Status
Available

Law Library — 2nd Floor Collection (2nd floor)

Call Number
KF4765 .O78 2003 c. 2
Status
Available
Call Number
KF4765 .O78 2003 c. 3
Status
Available

Law Library — Faculty Publications Display (4th floor)

Call Number
KF4765 .O78 2003 c. 4
Status
Available

Law Library — Special Collections (1st floor)

Call Number
KF4765 .O78 2003
Status
In-Library Use Only
Call Number
KF4765 .O78 2003 c. 5
Status
Available

North Carolina Collection (Wilson Library)

Call Number
C378 UMo77.1
Status
In-Library Use Only

Authors, etc.

Names:

Summary

Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without due process of law. What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follows and - in exceptional cases - what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than substantive due process, which at one time limited government regulation of business and today forbids the states from outlawing abortions. Due process of law, as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest

Contents

Introduction. Getting down to cases -- Case I. Making a man a judge in his own case : procedural due process -- Case II. Taking from A and giving to B : the ambiguous paradigm -- Case II continued. Taking from A and giving to B : economic substantive due process -- Case III. Taking from A : noneconomic substantive due process -- Conclusion. Due process of law : procedure and substance.

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