A Fair though Summary Hearing THE SHAPING OF ADMINISTRATIVE DUE PROCESS
The Chin Yow "fair hearing" requirement gave attorneys for immigrants a toehold in their new campaign to bind the Bureau of Immigration to higher standards of due process. Though it was an important victory, the decision's long-term significance remained uncertain. The new litigation launched attorneys into largely uncharted legal territory, exploring the vague parameters of procedural due process and its application in the nascent administrative state. The highly controversial debates surrounding due process of law at the turn of the century, as well as the gathering momentum of the nativist movement by the 1910s, provided the broader context for attorneys' efforts to shape a new administrative due process.
Due process, always a vague concept, became particularly contested in late nineteenth-century struggles over expanding government regulation. Critics, seeing "governmental interference" as a dangerous encroachment into the private sphere, turned to the due process clauses of the Fifth and Fourteenth Amendments to challenge regulatory efforts. They condemned the administrative proceedings of new agencies such as the Interstate Commerce Commission (ICC) as a violation of due process and also "transformed the Fourteenth Amendment . . . into a charter identifying fundamental [substantive] rights and immunizing them from all legislative regulation."1 Not surprisingly, reformers perceived an appeal to due process as merely a "convenient technicality" used by their opponents to demolish their cherished reforms in the courts2 So-called Progressives sought