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- "Due Process of Law", And, the Divine Right of Dissent
"Due Process of Law", And, the Divine Right of Dissent
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Excerpt from "Due Process of Law", And, the Divine Right of Dissent: A Review
The Opinion, as written and printed, is really composed Of two parts, namely, the law in the case, and the dictum of the Judge as to certain questions raised and principles involved in the arguments Of counsel for the petitioner.
First, as to the law in the case. The court decided that the proceeding by which King was convicted, was due process of law, because it is exclusively the province Of the courts Of Tennessee to declare what is the law in that State, and that therefore the only competency possessed by the United States Courts, under such a plea, is to inquire whether the procedure has been regular, and not whether the law itself is lawful.
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