英语翻译'It is manifest that it was not left to the legislative power to enact any process which might be devised.The article is a restraint on the legislative as well as on the executive and judicial powers of the government,and cannot be so con

英语翻译'It is manifest that it was not left to the legislative power to enact any process which might be devised.The article is a restraint on the legislative as well as on the executive and judicial powers of the government,and cannot be so con
英语翻译
'It is manifest that it was not left to the legislative power to enact any process which might be devised.The article is a restraint on the legislative as well as on the executive and judicial powers of the government,and cannot be so construed as to leave congress free to make any process 'due process of law' by its mere will.'All persons within the territory of the United States are entitled to its protection,including corporations,aliens,and presumptively citizens seeking readmission to the United States,but States as such are not so entitled.It is effective in the District of Columbia and in territories which are part of the United States,but it does not apply of its own force to unincorporated territories.Nor does it reach enemy alien belligerents tried by military tribunals outside the territorial jurisdiction of the United States.Early in our judicial history,a number of jurists attempted to formulate a theory of natural rights--natural justice,which would limit the power of government,especially with regard to the property rights of persons.State courts were the arenas in which this struggle was carried out prior to the Civil War.Opposing the 'vested rights' theory of protection of property were jurists who argued first,that the written constitution was the supreme law of the State and that judicial review could look only to that document in scrutinizing legislation and not to the 'unwritten law' of 'natural rights,' and second,that the 'police power' of government enabled legislatures to regulate the use and holding of property in the public interest,subject only to the specific prohibitions of the written constitution.The 'vested rights' jurists thus found in the 'law of the land' and the 'due process' clauses of the state constitutions a restriction upon the substantive content of legislation,which prohibited,regardless of the matter of procedure,a certain kind or degree of exertion of legislative power altogether.Thus,Chief Justice Taney was not innovating when in his opinion in the Dred Scott case he pronounced,without elaboration,that one of the reasons the Missouri Compromise was unconstitutional was that an act of Congress which deprived 'a citizen of his liberty or property merely because he came himself or brought his property into a particular territory of the United States,and who had committed no offence against the laws,could hardly be dignified with the name of due process of law.' Following the War,with the ratification of the Fourteenth Amendment's due process clause,substantive due process interpretations were urged on the Supreme Court with regard to state legislation; first resisted,the arguments came in time to be accepted,and they imposed upon both federal and state legislation a firm judicial hand which was not to be removed until the crisis of the 1930's,and which today in non-economic legislation continues to be reasserted
开头的部分.
Scope of the Guaranty
Standing by itself,the phrase ''due process'' would seem to refer solely and simply to procedure,to process in court,and therefore to be so limited that ''due process of law'' would be what the legislative branch enacted it to be.But that is not the interpretation which has been placed on the term.
担保的范围从自身角度来讲,诉讼程序只是单纯处理程序的意思.所以法定诉讼程序就是立法部门在法院处理程序的意思.但这不仅仅是对其字面意义上的解释.但这不是代替这个条款的解释.

英语翻译'It is manifest that it was not left to the legislative power to enact any process which might be devised.The article is a restraint on the legislative as well as on the executive and judicial powers of the government,and cannot be so con
'It is manifest that it was not left to the legislative power to enact any process which might be devised. The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave congress free to make any process 'due process of law' by its mere will.'All persons within the territory of the United States are entitled to its protection, including corporations, aliens, and presumptively citizens seeking readmission to the United States, but States as such are not so entitled. It is effective in the District of Columbia and in territories which are part of the United States, but it does not apply of its own force to unincorporated territories. Nor does it reach enemy alien belligerents tried by military tribunals outside the territorial jurisdiction of the United States.
很明显的,任何可能设计出来的程序将不会由司法部门来制订.这条款是对政府三个部门,司法、立法和行政机构的制约,也并不能被看作是让国会可以随意地对“诉讼程序”做任何处理.所有在美国领土范围内的人士,包括企业、外国人及可能试图重返美国的原来公民都有权受这条款的保护；不过,各州却不在此列（注）.条款对哥伦比亚特区和其他属于美国的地区都有效力,但对于那些无法人地位的地区却不能自动生效.在美国境外接受军事法庭审讯的敌对国公民也不能引用这条款.
Early in our judicial history, a number of jurists attempted to formulate a theory of natural rights--natural justice, which would limit the power of government, especially with regard to the property rights of persons.State courts were the arenas in which this struggle was carried out prior to the Civil War. Opposing the 'vested rights' theory of protection of property were jurists who argued first, that the written constitution was the supreme law of the State and that judicial review could look only to that document in scrutinizing legislation and not to the 'unwritten law' of 'natural rights,' and second, that the 'police power' of government enabled legislatures to regulate the use and holding of property in the public interest, subject only to the specific prohibitions of the written constitution. The 'vested rights' jurists thus found in the 'law of the land' and the 'due process' clauses of the state constitutions a restriction upon the substantive content of legislation, which prohibited, regardless of the matter of procedure, a certain kind or degree of exertion of legislative power altogether.
根据我们较早的司法历史,有几位法学家曾经尝试表述一种将会限制政府权力,特别是对人们财产权的自然权利理论---自然公正.在内战爆发前,许多州法院成了这个理论斗争的擂台.反对“赋予权利”保护财产理论的法学家,首先争辩认为宪法是国家的最高法律,任何司法复审只能根据宪法来细阅法则而不是以通过“习惯法”的“自然权利”来考虑；接着又提出,为了公众的利益,政府的“警察权”可授权予州议会使用和持有财产,宪法具体禁止的除外.
主张“赋予权利”的法学家在宪法中的“国家法律”及“诉讼程序”的条款里发现有一项对法规实质性内容的限制,那就是无论在行使何种程序中,可以完全禁止运用某种类或某种程度的立法权力.
Thus, Chief Justice Taney was not innovating when in his opinion in the Dred Scott case he pronounced, without elaboration, that one of the reasons the Missouri Compromise was unconstitutional was that an act of Congress which deprived 'a citizen of his liberty or property merely because he came himself or brought his property into a particular territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.' Following the War, with the ratification of the Fourteenth Amendment's due process clause, substantive due process interpretations were urged on the Supreme Court with regard to state legislation; first resisted, the arguments came in time to be accepted, and they imposed upon both federal and state legislation a firm judicial hand which was not to be removed until the crisis of the 1930's, and which today in non-economic legislation continues to be reasserted
所以,当首席法官唐尼（Taney）对Dred Scott 案件宣判他的意见时并没有任何的创新.他没有太详尽地宣布,“密苏里妥协”这个协议被认为是违反国家宪法的其中一个原因是,一个没有犯法的公民,就因为他来到或携带财产到美国某个地区而被国会的一个行为,以名不正言不顺的“诉讼程序”名誉剥夺了他的自由或财产.
内战过后,随着宪法修正案第14条的追认,最高法院被催促对州立法规的诉讼程序进行实质性的解释；这个论据开始时遭到抗拒,后来还是及时地被接受了；而且牢牢地被实施于联邦和州立法规上一直至20世纪三十年代的危机时期.现今,该论据还继续在非经济性法规中被重申.