Article:
Douglas Laycock, Due Process and Separation of Powers: The Effort to Make the Due Process Clauses Nonjusticiable, 60 Texas L. Rev. 875 (1982).
 

Abstract:
In this article, the author examines four different rationales for why legislatures may authoritatively determine the effective scope of the due process clauses. The author rejects each of these suggestions, which he argues would effectively make the due process clauses nonjusticiable.

The first line of argument discussed posits that the legislatures may define “life, liberty, or property” in procedural terms, so that whenever the government complies with these legislatively prescribed procedures, there is no deprivation. A second, associated with law and economics, argues that even if there is a deprivation, the legislatures may determine how much process is “due.” The third and fourth, the author argues, are respectively based on bad history and irrelevant precedent.