On the Originalism blog, Michael Ramsey and Andrew Hyman responded to my post for Law and Liberty on the original understanding of substantive due process. Hyman disputes the definition of “liberty” I provided and asserts a different definition of “due process of law” in the Fifth Amendment, while Ramsey asks for more evidence that the definition of “liberty” given wasn’t unique to Thomas Jefferson.
|Bonham's Case, Common Law, Due Process Clause, Edward Coke, Hoke v. Henderson, Justice Clarence Thomas, Liberty, Liberty of the Subject Act, Obergefell v. Hodges, William Blackstone
Defining Liberty Properly
by Devin Watkins|