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HISTORICAL EVOLUTION OF THE DUE PROCESS

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 role of government in the economy. In the 20th century, from the mid-1920s onward and especially during the Court of Chief Justice Earl Warren (1953-1969), the Due Process Clause was used to expand American civil liberties. In more recent years it has been refined to calibrate a new balance between the needs of order and liberty amidst the pressures and shifting landscape of the contemporary era.

The Fifth Amendment to the Constitution (and a part of the Bill of Rights) provides in part: "no person . . . shall be deprived of life, liberty, or property without due process of law

. . ." According to Williams, the due process clause embodied a concept of government which dated back to the Magna Charta of 1215 under which King John agreed to be constrained by the "law of the land." Corwin said "the belief in a law superior to the will of humans" stretched back to antiquity, to Aristotle's concept of "natural justice" and Cicero's belief that human affairs should be governed by the principles of "right reason." Many of the patriots of the American Revolution, such as John Adams, Thomas...

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HISTORICAL EVOLUTION OF THE DUE PROCESS. (1969, December 31). In LotsofEssays.com. Retrieved 00:14, March 19, 2024, from https://www.lotsofessays.com/viewpaper/1702067.html