Panel: Who's Afraid of Substantive Due Process?: Original Meaning and the Due Process of Law

Panel: Who's Afraid of Substantive Due Process?: Original Meaning and the Due Process of Law

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Conventional wisdom holds that the original meaning of the "due process of law," as used in the Fifth and Fourteenth Amendment, is procedural - forbidding deprivations of life, liberty or property without appropriate procedural safeguards and unless they are pursuant to a duly enacted law governing the conduct giving rise to the deprivation. Recent originalist scholarship, however, calls this view into question, arguing that a thicker and indeed "substantive" understanding ... See More

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