Learning Resources, Inc. v. Trump · ¶216

A rule made by someone other than the legislature, such as the King, was not “ `the law of the land.' ” Association of American Railroads, 575 U. S., at 72 (opinion of Thomas, J.). Chief Justice Coke famously held invalid the King's proclamation prohibiting new buildings in London because the King could not “create any offence” “without Parliament.” Case of Proclamations, 12 Co. Rep. 74, 74–75, 77 Eng. Rep. 1352, 1353 (K. B. 1611); see Association of Ameri can Railroads, 575 U. S., at 72 (opinion of Thomas, J.) (explaining that this principle was associated with chapter 39 of the Magna Carta). When the Founders transplanted the same principle into the Due Process Clause, they ensured that when the government wanted to deprive people of the familiar core private rights of “life, liberty, and property,” it could not do so “on the basis of a rule (or a will) not enacted by the…

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