The Concept of Ordered Liberty and the Common-Law Due-Process Tradition: Slaughterhouse Cases through Obergefell v. Hodges (1872-2015)

The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, i...