clause of Amendment V in the domain of foreign relations and the War
Power. The reader has only to consult in these pages such holdings as
those in Belmont _v._ United States, Yakus _v._ United States, Korematsu
_v._ United States, to be persuaded that even the Constitution is no
exception to the maxim, _inter arma silent leges_.[75]

In short, the substantive doctrine of due process of law does not today
support judicial intervention in the field of social and economic
legislation in anything like the same measure that it did, first in the
States, then through the Supreme Court on the basis of Amendment XIV, in
the half century between 1885 and 1935. But this fact does not signify
that the clause is not, in both its procedural sense and its broader
sense, especially when supplemented by the equal protection clause of
Amendment XIV, a still valuable and viable source of judicial protection
against parochial despotisms and petty tyrannies. Yet even in this
respect, as certain recent decisions have shown, the Court can often act
more effectively on the basis of congressional legislation implementing
the Amendment than when operating directly on the basis of the Amendment
itself.[76]


Résumé

Considered for the two fundamental subjects of the powers of government
and the liberties of individuals, interpretation of the Constitution by
the Supreme Court falls into four tolerably distinguishable periods. The
first, which reaches to the death of Marshall, is the period of the
dominance of the Constitutional Document. The tradition concerning the
original establishment of the Constitution was still fresh, and in the
person and office of the great Chief Justice the intentions of the