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MEMORANDUM Date October 20091 to Interested Persons Re  Form

MEMORANDUM Date October 20091 to Interested Persons Re Form

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and the court secondarily to come up with rights good against state governments but I don't think it's actually nearly as important an issue um you know the the Justice black always said he thought in his descending opinion in Adamson that the that the section one of the 14th Amendment take it as a whole including both all of the Clauses meant to apply the Bill of Rights to the state that's never been accepted uh I I I I think the court is now fully accustomed to looking this as as a liberty clause and unlike almost everybody else I don't think it's as oxymoronic uh to speak of substantive due process in the following sense when the Clause says it the liberty and property Liberty and property cannot be Abridged or impaired without due process of law part of the concept of due process of law was that there has to be a public purpose for example a legitimating public purpose or else it's an arbitrary imposition taking from Aid the property

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