In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they… - Clarence Thomas

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In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property'. If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well.

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About Clarence Thomas

Clarence Thomas (born 23 June 1948) is an American judge who serves as an Associate Justice of the Supreme Court of the United States. He is the second African American to serve on the nation's highest court.

Biography information from Wikiquote

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Additional quotes by Clarence Thomas

But the questioning for me started in the spring of 1970 after an unauthorized demonstration in Cambridge, Massachusetts, to "free the political prisoners." Why was I doing this rather than using my intellect? Perhaps I was empowered by the anger and relieved that I could now strike back at the faceless oppressor. But why was I conceding my intellect and rather fighting much like a brute? This I could not answer, except to say that I was tired of being restrained.

The intensity of my feelings was reinforced by other events of the late '60s: the riots, the marches, the sense that something had to be done, done quickly to resolve the issue of race. In college there was an air of excitement, apprehension and anger. We started the Black Students Union. We protested. We worked in the Free Breakfast Program. We would walk out of school in the winter of 1969 in protest.

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