ABSTRACT
This chapter begins by focusing on a significant slice of procedural due process, particularly the landmark rulings of the Warren Court during the 1960s. It discusses the issue of how these generally liberal rulings weathered a purported conservative "counterrevolution" in due process jurisprudence, particularly during the tenure of Chief Justices Warren Burger, William H. Rehnquist, and John Roberts. The chapter provides a discussion of how the US Supreme Court ultimately came to employ the due process clause of the Fourteenth Amendment as a means by which the procedural safeguards that govern federal law enforcement are applied to the criminal justice process in the states. To interpret the Fourteenth Amendment in a way that would extend the constitutional rights of citizens of the United States to citizens of the several states would radically alter the constitutional balance between the federal government and the states.
