Christopher R. Green, University of Mississippi School of Law, has posted
Our Bipartisan Due Process Clause, which is forthcoming in the
George Mason Law Review:
What it meant to “deprive any person of life, liberty, or property without due process of law” was very well-known to the men who proposed the Fourteenth Amendment: to take away life, liberty, or property without traditional judicial proceedings, except where public safety required it. Congressmen made this very clear, and at great length—but in 1862, rather than 1866.