Liberty, Property, and Privacy: Toward a Jurisprudence of Substantive Due Process

By Edward Keynes | Go to book overview
Index
abolitionist movement, 33, 73-74
abortion, 3-4, 5, 6, 186-209
in first trimester, 153 n.114
lack of guidance to trial judges, 216
liberty-of-contract, xv
minors, 161 n. 25
personal liberty, 158
private versus public interests, xviii-xix, 181-82
undue burden, 179-80
absolute rights, 26, 47
accommodations. See Public Accommodations Act of 1875 (Civil Rights Act of 1875)
Adams, John, 14
affirmative duties of the states, xvii, 212
Agricultural Marketing Adjustment Act of 1937, 138 n. 47
allegiance. See political obligation; reciprocal rights and duties
Amish society, 161-62
Anglo-American legal tradition. See also Magna Carta ( 1215)
Civil Rights Act of 1866, 47, 52
due process and, 57-58
English customary law, 3, 45
English law tradition, 34
Fourteenth Amendment, 211
government limitation, 9
personal liberty, 158
substantive due process, 126
Antifederalists, 17-18
Appleton, John, 3, 126, 213
arbitrary government
England, 13-14
Fourteenth Amendment, 69
guarantees against, 52
legislation to prohibit, 60
state regulation and, 42
Arkes, Hadley, 8 association, freedom of, 86, 89, 184 n. 8
balancing of public and private interests. See public and private interests, balancing of
Barron v. Baltimore, 32 U.S. (7 Pet.) 243 ( 1833)
Bill of Rights and the states, 35 n. 17, 40
Fourteenth Amendment and, 66, 69, 70, 82
James Wilson and, 49
Beaney, William M., 155 n. 3
Berger, Raoul
Civil Rights Act of 1866, 35
procedural due process, xiii, 56-63, 73
significance of Fourteenth Amendment, 36
Bill of Rights, 16-20
Barron v. Baltimore, 40
congressional debates on, 20 n. 79
enforcement by the states, 51
as justification for Civil Rights Act of 1866, 45
limitation of Congressional power, 62
Bingham, John
civil rights bill, 50, 51
and due process, 60-61
Fourteenth Amendment, 63-69

-223-

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