The phrase “due process of law” does not necessar-ily imply a proceeding in a court or a plenary suit and trial by jury in every case where personal or property rights are involved.445 “In all cases, that kind of procedure is due process of law which is suitable and proper to the nature of the case, and sanctioned by the established customs and usages of the courts.”446 What is unfair in one situation may be fair in another.447 “The precise nature of the interest that has been adversely affected, the manner in which this was done, the reasons for doing it, the available alternatives to the procedure that was followed, the protection implicit in the office of the functionary whose conduct is challenged, the balance of hurt complained of and good accomplished—these are some of the considerations that must enter into the judicial judgment.”448


Davidson v. City of New Orleans, 96 U.S. 97, 102 (1878); Public Clearing House v. Coyne, 194 U.S. 497, 508 (1904). back
Ex parte Wall, 107 U.S. 265, 289 (1883). back
Compare Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272 (1856), with Ng Fung Ho v. White, 259 U.S. 276 (1922). back
Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U.S. 123 (1951) (Justice Frankfurter concurring). back