Hugo Black,
Ashe v. Swenson — Concurrence
“ I join in the opinion of the Court although I must reject any implication in that opinion that the so-called due process test of 'fundamental fairness' might have been appropriate as a constitutional standard at some point in the past or might have a continuing relevancy today in some areas of constitutional law. In my view it is a wholly fallacious idea that a judge's sense of what is fundamentally 'fair' or 'unfair' should ever serve as a substitute for the explicit, written provisions of our Bill of Rights. ”
