Due Process

Paper Summary:

Summarizes and analyzes the Due Process Clauses of the U.S. Constitution. Historical evolution of the Fifth and Fourteenth Amendments. Interpretations by the U.S. Supreme Court. How the due process clause was used to expand American civil liberties. Substantive due process and the protection of private property. Modern concepts. Table of Authorities.

From the Paper:

"HISTORICAL EVOLUTION OF THE DUE PROCESS CLAUSE

This research paper outlines, summarizes and analyzes the historical evolution of the Due Process Clause(s) of the U.S. Constitution. The interpretations given by the American Supreme Court to these clauses in the Fifth and Fourteenth Amendments have served significantly to adapt the Constitution to changing conditions. During the first 100 years of the Republic, the Due Process Clause was interpreted narrowly as a procedural safeguard and contributed little to the resolution of the principal jurisprudential problem, the adjustment of the relations between the national and state governments. During the period 1890 to 1937, substantive due process largely in the service of private property and commercial interests and later as a tool for delineating the contours of the welfare state helped define the ..."

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