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11/27/2016

Devin Watkins Responds on Liberty and Due Process
Michael Ramsey

At Liberty Law Blog, Devin Watkins: Defining Liberty ProperlyFrom the introduction:

On the Originalism blog, Michael Ramsey and Andrew Hyman responded to my post for Law and Liberty on the original understanding of substantive due process. Hyman disputes the definition of “liberty” I provided and asserts a different definition of “due process of law” in the Fifth Amendment, while Ramsey asks for more evidence that the definition of “liberty” given wasn’t unique to Thomas Jefferson.

And in conclusion:

Originalists should recognize the consistent view of the common law courts and the Founders, which was that the meaning of liberty included the right to do all those acts which are not harmful to others.

(Thanks to Mark Pulliam for the pointer).