Clause Quote by Robert H Bork
![“[T]he guarantee of due process . . . is simply a requirement that the substance of any law be applied to a person through fair procedures by any tribunal hearing a case. The clause says nothing whatever about what the substance of the law must be.” quote by Robert H Bork](https://sms4smile.com/quotes/img-quotes/275/robert-h-bork-105071_clause_t-he-guarantee-of-due-process-is-simply_3091174.jpg)
“[T]he guarantee of due process . . . is simply a requirement that the substance of any law be applied to a person through fair procedures by any tribunal hearing a case. The clause says nothing whatever about what the substance of the law must be.”
About This Quote
Source Legal Text: United States Supreme Court opinion, 1990
Due process guarantees fair procedures, not the substantive content of laws.
In simple terms: Fair process, not law content.
Key Takeaway
Focus on procedural fairness.
Themes
law
justice
fairness
Mood
analytical
critical
Type
legal
academic
When to use this quote
- court hearings
- legislative drafting
- civil rights cases
Key Concepts
constitutional law
procedural due process
Questions to Reflect On
- How can we ensure just outcomes beyond procedure?
- What role should substantive review play?
A Different Perspective
Procedural fairness alone may not protect unjust laws.
![“[The necessary and proper clause] neither enlarges any power specifically granted; nor is it a grant of any new power to Congress; But it is merely a declaration, for the removal of all uncertainty, that the means of carrying into execution those otherwise granted are included in the grant.” quote by Joseph Story](https://sms4smile.com/quotes/img-quotes/206/joseph-story-11919_clauses_the-necessary-and-proper-clause-neither_1577673.jpg)
