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Vanderbilt Law Review

Due process clause of the fourteenth amendment

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Justice Brewer And Substantive Due Process: A Conservative Court Revisited, Robert E. Gamer Mar 1965

Justice Brewer And Substantive Due Process: A Conservative Court Revisited, Robert E. Gamer

Vanderbilt Law Review

From the heat of ideological battle which has accompanied the emergence of America into the status of a capitalistic society, late nineteenth century conservatives have emerged in many circles with a reputation for being selfish, profit-hungry individuals attempting to hide their rapacity under a cloak of pleasant platitudes and private charity. In addition to falling under this less-than-favorable shadow, those of this breed who presumably came to cluster about the Supreme Court of the United States have been attacked by liberals for subverting the Constitution of the United States into an instrument to serve the acquisitive interests of the capitalists …