Reply To: 14th Amendment and Liberty


In context, it seems that the Due Process Clause means that one cannot be executed, jailed, or fined without first having had access to the traditional Anglo-American adversarial process. The best discussion by far is to be found in Raoul Berger’s GOVERNMENT BY JUDICIARY: THE TRANSFORMATION OF THE FOURTEENTH AMENDMENT, and he elaborated on that in THE FOURTEENTH AMENDMENT AND THE BILL OF RIGHTS.