In the case of McNabb v.United States,Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

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In McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" as a history of "assured observance of procedure." This suggests that the most important factor in the history of liberty is whether governments have observed procedural guarantees, such as the right to a fair trial and the right to due process.

In the Case of McNabb V