Learning Resources, Inc. v. Trump · ¶215
The nondelegation doctrine is also rooted in the Due Process Clause. That Clause prohibits the Federal Government from depriving any person of “life, liberty, or property, without due process of law.” Amdt. 5. The Founders modeled it on chapter 39 of the Magna Carta, which prohibited the deprivation of a free man's private rights “except by the lawful judgment of his peers and by the law of the land.” A. Howard, Magna Carta: Text and Commentary 45 (rev. ed. 1998); see Obergefell v. Hodges, 576 U. S. 644, 723 (2015) (Thomas, J., dissenting). By the founding, the Magna Carta was understood to mean that “no subject would be deprived of a private right—that is, a right of life, liberty, or property—except in accordance with `the law of the land,' which consisted only of statutory and common law.” Association of American Railroads, 575 U. S., at 72 (opinion of Thomas, J.) (citing N. Chapman…Read in context ›
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