The year 2015 witnessed celebrations around the world of an event that took place 800 years earlier in a meadow west of the city of London near what is now Heathrow Airport. Then, the main participants were King John on the one side, and leading barons and prelates on the other. They had gathered to sign up formally to a document (which came to be known as Magna Carta) with the aim of forestalling violent rebellion against the monarchy. Eight centuries later, four provisions of the 1297 re-issue of Magna Carta still decorate the United Kingdom’s statute book even though the document was not a ‘statute’ (or, for that matter, a ‘law’) in the modern sense and the surviving provisions are of no practical significance.

This chapter surveys the legal history of the term "due process of law," from Magna Carta, the Statutes of Edward III, and the Petition of Right to the writings of William Blackstone and the opinions of antebellum state-level court cases. It argues that there was no concept of "substantive due process" in the antebellum period. It refutes arguments that due process prohibited class legislation, limited states to reasonable exercises of the police powers, or underwent a change in meaning as a result of abolitionist constitutional thinkers.