of any statute affording him
complete immunity) when being examined concerning his estate.[71]
The privilege of witnesses, being a purely personal one, may not be
claimed by an agent or officer of a corporation either in its behalf or
in his own behalf as regards books and papers of the corporation;[72]
and the same rule holds in the case of the custodian of the records of a
labor union;[73] nor does the Communist Party enjoy any immunity as to
its books and records.[74] Finally, this Amendment, in connection with
the interdiction of the Fourth Amendment against unreasonable searches
and seizures, protects an individual from the compulsory production of
private papers which would incriminate him.[75] The scope of this latter
privilege was, however, greatly narrowed by the decision in Shapiro _v._
United States.[76] There, by a five-to-four majority, the Court held
that the privilege against self incrimination does not extend to books
and records which an individual is required to keep to evidence his
compliance with lawful regulations. A conviction for violation of OPA
regulations was affirmed, as against the contention that the prosecution
was barred because the accused had been compelled over claim of
constitutional immunity to produce records he was required to keep under
applicable OPA orders. After construing the statutory immunity as
inapplicable to the case, Chief Justice Vinson disposed of the
constitutional objections by asserting that "the privilege which exists
as to private papers cannot be maintained in relation to 'records
required by law to be kept in order that there may be suitable
information of transactions which are the appropriate subjects of
governmental regulation and the enforcement of restrictions validly
established.'"[77]
Due Process of Law
SOURCE AND EVOLUTION OF THE MEANING OF THE TERM
The phrase "due process of law" comes from chapter 3 of 28 Edw. III
(1355), which reads: "No man of what state or condition he be, shall be
put out of his lands or tenements nor taken, nor disinherited, nor put
to death, without he be brought to answer by due process of law." This
statute, in turn, harks back to the famous chapter 29 of Magna Carta
(issue of 1225), where the King promises that "no free man (_nullus
liber homo_) shall be taken or imprisoned or deprived of his freehold or
his liberties or free customs, or outlawed or exiled, or in any manner
destroyed, nor shall we come upon him or s
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