The phrase "due process of law" is fundamental
to our American concepts of order and of liberty.
It was first written into the Fifth Amendment to
our Constitution by men who had had bitter experience
with the arbitrary power of kings. It was made
specifically applicable to the states at the end of the
Civil War-the most bitter internal conflict in our
history.
The Fourteenth Amendment language reads: "nor
shall any State deprive any person of life, liberty,
or property, without due process of law. . . ." The
importance of this language to present legal problems
is made more obvious by reference to Article
VI: "This Constitution, and the Laws of the United
States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be
made, under the Authority of the United States,
shall be the supreme law of the Land; and
the Judges in every State shall be bound thereby,
any Thing in the Constitution or Laws of any State
to the Contrary notwithstanding."
At the outset, then, I deem it obvious that we in
this country have chosen to bind ourselves to observation
both in federal and state affairs of a national
concept of "due process of law." And the
legitimate area of debate concerns what is (or
should be) included in that historic and meaningful
phrase.