Although the power of Congress to forbid slavery in federal territories was well - established, Sandford argued that slaves were private property of the sort protected by the Constitution against
deprivation without due process of law, and that therefore Congress lacked any constitutional authority to ban slavery in the territories.
Not exact matches
The provision on which Roe relied — no
deprivation of liberty «
without due process of law» — seems inapplicable to a
law that has been enacted by a valid legislative
process.
It speaks
of liberty and prohibits the
deprivation of liberty
without due process of law.
@lazarusL the fifth and fourteenth amendments explicitly prohibit the
deprivation of liberty
without due process of law (see edit).