use of this extension of the term "due
process of law" beyond the procedural field that the Court has been
asked to pass upon literally hundreds of State enactments since about
1890 on the representation that they invaded the "liberty" or property
rights of certain persons "unreasonably." In short, this development of
the meaning of "due process of law" came in time to furnish one of the
principal bases of judicial review, and indeed it still remains such so
far as State legislation is concerned. _See_ pp. 971-974.

SCOPE OF GUARANTY

This clause is a restraint on Congress as well as on the executive and
judicial powers of the National Government; it cannot be so construed as
to leave Congress free to make any process it chooses "due process of
law."[82] All persons within the territory of the United States are
entitled to its protection, including corporations,[83] aliens,[84] and
presumptively citizens seeking readmission to the United States.[85] It
is effective in the District of Columbia[86] and in territories which
are part of the United States,[87] but it does not apply of its own
force to unincorporated territories.[88] Nor does it reach enemy alien
belligerents tried by military tribunals outside the territorial
jurisdiction of the United States.[89]

Procedural Due Process

GENERAL

The words "due process of law" do not necessarily imply a proceeding in
a court of justice,[90] or a plenary suit and trial by jury in every
case where personal or property rights are involved. "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."[91] Proceedings for contempt of court[92] or to
disbar an attorney[93] may be determined by a court without a jury
trial. For persons in the military or naval services of the United
States,[94] trial by military tribunals is due process. This principle
extends to persons who commit offenses while undergoing punishment
inflicted by court martial; as military prisoners they are still subject
to military law.[95]

CRIMINAL PROSECUTIONS

The due process clause supplements the specific procedural guaranties
enumerated in the Sixth Amendment and in preceding clauses of the Fifth
Amendment for the protection of persons accused of crime. The Court has
relied upon this provision in holding that an accused shall plead, or be
ordered to plead, or a plea