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" By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and... "
Speeches and Forensic Arguments - Page 58
by Daniel Webster - 1835
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Southern Reporter, Volume 93

1923
...proceeds not arbitrarily or capriciously, but upon inquiry, and renders judgment only after trial, so that every citizen shall hold his life, liberty, property...protection of the general rules which govern society. Hurtado v. California, 110 US 516, 535, 4 Sup. Ct. Ill, 292, 28 L. Ed. 232, 238. It, of course, tends...
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The Southwestern Reporter, Volume 30

1895
...under the protection of the general rules which .-vorn society. Everything which may pass aoder Ше form of an enactment Is not, therefore, to be considered the law of the land." i .if Ifírislature has the power to enact laws !" protect the public from the inconveniences t having...
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Assault Weapon Manufacturing Strict Liability Act of 1990: Hearing and ...

United States. Congress. House. Committee on the District of Columbia - 1993 - 465 pages
...clearly intended the general law; a law which hears before it condemns: which proceeds upon inquiry, and renders judgment only after trial. The meaning...law of the land. If this were so acts of attainder .... would be the law of the land. Such a strange construction would render constitutional provisions...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 126

California. Supreme Court - 1906
...Neff, 95 US 714.) Webster, in his well-known definition of the phrase "the law of the land," said: "The meaning is, that every citizen shall hold his...protection of the general rules which govern society." And in Ex parte Wall, 107 US 265, the court said: "In all cases that kind of procedure is due process...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - 1993 - 317 pages
...clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning...protection of the general rules which govern society.' " 124 With respect to rights to property, Cooley made it clear that they have their "reasonable limits...
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Legal Foundations of Capitalism

John Rogers Commons - 1924 - 394 pages
...hears before it condemns, which proceeds upon inquiry and renders judgment only after trial," so " that every citizen shall hold his life, liberty, property...immunities under the protection of the general rules that govern society." 1 In so far as procedure is deemed necessary for these general purposes it resolves...
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Property Rights in the Age of Enterprise, Volume 2

James W. Ely - 1997 - 426 pages
...rather sentences than laws;" By the law of the land, is most clearly intended, the general law. . . . The meaning is, that every citizen shall hold his...immunities, under the protection of the general rules that govern society'.136 Thirty-five years later the New York Court of Appeals made the point more...
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The Bill of Rights: Creation and Reconstruction

Akhil Reed Amar - 1998 - 412 pages
...argument: "due process" meant "law of the land" by which "is most clearly intended the general law . . . .The meaning is, that every citizen shall hold his...liberty, property, and immunities under the protection of general rules .... "191 Various state constitutions spoke of "protection" of "l1fe, liberty and property,"143...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1999 - 720 pages
...most clearly intended the general law, which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. The meaning...liberty, property, and immunities under the protection of 9, § 2. — Tennessee : Same as Florida. Art. 1, § 8. — Texas: " No citizen of this State shall...
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Rethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics

Mark Graber - 1999 - 256 pages
...College case maintained that the due process clauses in the federal and state constitutions guaranteed that "every citizen shall hold his life, liberty,...under the protection of the general rules which govern society."22 Many local judges in antebellum America expressed the same sentiments when striking down...
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