Original sentence: After the Fourteenth Amendment applied due process restrictions to states, the Supreme Court used this same doctrine to protect a liberty of contract by routinely striking down (such as in Lochner v.First, it argued that Dred Scott was not a citizen of the United States therefore he had no right to liberity under the Constitution of 1856--this argument, now harsly repudiated, is not based on the Due Process clause but did establish that the Court considered Dred Scott to be property.New York) those economic and labor regulations which restricted particular economic activities per se without opportunity for judicial review.Sandford (1856).Second, the court argued that no Federal law could exist which per se appropriated property without advance notice and opportunity for judicial review--this was a Due Process agrument.Substantive due process was first applied by Supreme Court in a subsection of Dred Scott v.The court ruled in three parts.Thus, the decision established that the absence of a procedure violates Due Process just as much an unfair procedure
Edited sentence: , as it was first applied by the Supreme Court in the infamous Dred Scott v.After the Fourteenth Amendment applied due process restrictions to states, the Supreme Court used this same doctrine to protect a liberty of contract so as to routinely strike down economic and labor regulations, as in Lochner v.However, the Supreme Court held that due process protections of property restricted certain types of laws that would take away property, not merely the procedure by which it was taken.New York.Sandford which partly caused the Civil War.Some believe this jurisprudence contributed to the unregulated economic policies that (some economists argue) may have spawned the Great Depression.Substantive due process has a checkered past in the U