DUE PROCESS OF LAW. A phrase used in the Federal Constitution and in Ilse constitutions of many of the 'United States as the legal equiva lent of 'law of the land.' in Alagna Charta (q.v.). Sonic of mir State constitutions contain both phrases. while others employ the words 'clue coarse Of law,' or 'clue course of the law of the land.' All of these forms of expression are an cient, and have long been understood to have the same meaning. They were used interchangeably in a series of statutes enacted tinder Edward III. (5 Edw. III.. eh. 9: 25 id.. ch. 4; 2S id., eh. :3). and were pronounced by Lord Coke to he legal equivalents. The Fourth _Amendment of the United States Constitution declares that person shall be deprived of life, liberty, or prop erty without due process of law," and the Fcair teenth Amendment contains this clause: "Nor shall any State deprive any parson of life, liberty, or property, without due of law." By this phrase is meant law in its regular course of administration through the courts of justice; that is. law administered according to those rules and principles which have Leen established by our jurisprudence for tile protection and enforee ment of private rights.: law which hears before it condemns, which proceeds upon (111(• :111(1 orderly inquiry. and renders judgment only after trial.
This principle of constitutional law applies as well to the and executive branches of government as to the judiciary. Neither Congress nor a State Legislature van lawfully deprive a per son of life, liberty. or property by arbitrary en actment. A statute attempting to do that would not ho a law of the land: it would be unconstitu tional and void. The saute would be true of a like provision ill a State Constitution. To quote from a decision of the Supreme Court of sonri Is as much tint Of the power of a State d.prive an owner of his property without due p•oces of low through the medium of a consti tutional convention as it would lie thus to de prive him by all ordinary act of legislation." But r the cheek of this principle upon the legis lature aittl tie cxeculn (.. hill- it attainder. ,Act: (ft...nil-cation. act, judgment-. and (lilt( tly transferring one pt.( perry to an ( th, r might be 1::, and the titne-inumred -at( ...Am•l- of constitutional liberty lie sxxept
It is not to be under-tood, however. that the law t the land' 'due of law' mean the body of legal or the of judicial ttrocethire Which existed at the adoption of the Violeta' or of a partiettlar State Collstitilt hese Iltay Lr e tanged from time to time with out violating the pro\ ided the new prueedure or the new are in aecordance with the tundamentol principles and if our juri-prmlemo... \It novel% a State may do litany things in the t xereise 11t its police potter which operate to depri‘e person, of liberty of property in a troy soinuttary way, vvithout violating the •mistitlitional provision:- tinder consideration. It n ay authorize the of property for non payment taxi-, without any judicial ing. lint these acts are not performed Nvithollt due of law, since the State acting in aecordance with governing and limiting the of the state and -subject., not at variance with them. "In short. 'due pro of law' in each particular case Means such aii exercise if the power- government aS the settled of law permit and sanction. and under -.itch for the protection of indi vidual right: as those for the if to which the one in question be Cooley, Coust it ut ionul us it I ions IGth cd.. nitre: .1 MI 1*(1 COI1S11 111110110 1-Cit. XX \ ISS9 .
DUER, ( 1752-1ti:1S ) born in _\lhany, N. Y. Front tint il hi, death he practiced law in New York City. lie teas one of the to retie the of the State in was elected justice it the ruurt in and in 1%457 be came Chief Justice. Ili: import:Int work is Th, Line and l'ruct of Marine I 11St:, tro• DUER,IVitta.‘Nt At.Ex.xNnEft I l 11i I53 1. .An American born at Ifhinebeek. N. Y. lie practiced law at New Orleans. where he was the partner of Eduard I,iving-ton, and a 1s12 in New York, where, from Is22 to IS•9. he of the Supreme Court. In the latter year he was elected president of Coluttillia College. hieli po-it ion he held tint i1 1 ti 12. 1 le published a Trcu I i on const it ut iouul •isprudrurr of tit, d ,-tat. s and :t lintn I\ ru r, of his grand father I IS ti