Procedural Due Process: A Reference Guide to the United States Constitution

By Rhonda Wasserman | Go to book overview

Bibliographical Essay

CHAPTER 1: THE HISTORY OF DUE PROCESS

Primary Materials

Several sources gather and analyze important primary materials. The Lloyds' book gathers the Magna Carta, early colonial charters, original state constitutions, the Articles of Confederation, the plans considered by the framers in drafting the Constitution, early American political writings and important correspondence. For each amendment in the Bill of Rights, including the Fifth Amendment and its Due Process Clause, Neil Cogan's book gathers drafts of the amendment, motions presenting the drafts to Congress, committee reports, analogous provisions from state constitutions and laws and colonial charters, political commentary, correspondence, diaries and material from the state conventions. These works are:

The Complete Bill of Rights: The Drafts, Debates, Sources and Origins (Neil H. Cogan, ed., 1997)

The Essential Bill of Rights: Original Arguments and Fundamental Documents (Gordon Lloyd & Margie Lloyd eds., 1998)


The Origins of Due Process: Magna Carta and
Early English Law

Several books provide helpful insights into the historical antecedents of the Due Process Clauses. Coke provides an extended treatment of the Magna Carta and states his famous equation of the "law of the land" and due process. John Hudson, William McKechnie and Bernard Siegan provide additional analysis of the Magna Carta and place it in broader historical context. John Orth analyzes Dr. Bonham's case in detail. These works are:

Edward Coke, The Institutes of the Laws of England (photo. reprint 1986) (Butler & Hargrave eds., 1797)

John Hudson, The Formation of the English Common Law: Law and Society in England From the Norman Conquest to Magna Carta (1996)

William Sharp McKechnie, Magna Carta: A Commentary on the Great Charter of King John (2d ed. 1914)

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Procedural Due Process: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword ix
  • Foreword xiii
  • Acknowledgments xv
  • 1: The History of Due Process 1
  • 2: Preliminaries 21
  • 3: Notice and the Opportunity to Be Heard 63
  • 4: The Form and Extent of Notice 129
  • 5: Due Process Limitations on the Binding Effect of Judgments 163
  • 6: Due Process Limitations on Personal Jurisdiction 207
  • 7: Due Process Limitations on Choice of Law 263
  • Bibliographical Essay 289
  • Table of Cases 325
  • Index 351
  • About the Author 379
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