7) Indeed, in almost every case since Mathews, the Court has interpreted the Due Process Clause
to require uniform procedural rules even for plaintiffs whose situations were extreme or unusual in tangible ways.
Under the Due Process Clause
, a state may tax a resident on all of
In Palko, Cardozo used the term in the context of "selective incorporation" of certain rights enumerated in the provisions of the Bill of Rights through the Due Process Clause
Learned Hand and Felix Frankfurter, we learn, even wrote unsigned editorials for The New Republic calling for repeal of the Due Process Clause
in both the Fifth and the Fourteenth Amendments (p.
38) The majority noted that the decisions in Cruikshank, Presser, and Miller did not preclude an analysis of whether the Fourteenth Amendment's Due Process Clause
makes the Second Amendment binding on the States because "[f]or many decades, the question of the rights protected by the Fourteenth Amendment against state infringement has been analyzed under the Due Process Clause
of that Amendment and not under the Privileges or Immunities Clause.
In some cases, the Court has held that the right exists independently in the Compulsory Process Clause, (130) the Due Process Clause
, (131) and the Fifth Amendment privilege against self-incrimination--at least where the defendant is testifying.
The Court of Appeal's decision threatens to undermine the protections afforded to taxpayers by the Due Process Clause
against states retaining improperly collected taxes and penalties.
45) A landowner cannot try to subvert the meaning of the due process clause
by claiming not to have had a hearing, if in fact the landowner chose to settle and gave up the opportunity for a hearing.
For reasons that go back to the 19th century, substantive rights not made explicit elsewhere in the Constitution have come to be attached to the Due Process Clause
of the Fourteenth Amendment.
Justice Stewart's dissent, like Justice Black's, (11) rejected all three rationales, (12) viewing the liberty protected by the Due Process Clause
as extending only to a guarantee against vague statutes and procedural unfaimess.
Part II then clarifies why Professor Thomas' attempt to place Miranda in the Due Process Clause
does not save its many exceptions.
Town of South Kingston,(21) the Rhode Island Supreme Court overruled a trial court's conclusion that "a regulatory taking can be compensable if the ordinance in question does not substantially advance a legitimate state interest," stating that "a discussion of the arbitrariness or capriciousness of a particular state action is properly examined under the light of the Fourteenth Amendment due process clause
and not the Fifth Amendment takings clause.