Due Process Clause - Due Process Clauses in State Constitutions

Due Process Clauses in State Constitutions

No state or federal constitution in the U.S. had ever before utilized any "due process" wording, prior to 1791 when the federal Bill of Rights was ratified.

New York

In New York, a statutory bill of rights was enacted in 1787, and it contained four different due process clauses. Alexander Hamilton commented on the language of that New York bill of rights: "The words 'due process' have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature."

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