Additionally, the first appearance of substantive due process as a concept appeared earlier in the case of Bloomer v. McQuewan,.

Additionally, the first appearance of substantive due process as a concept arguably appeared earlier in the case of Bloomer v. McQuewan,, so that Chief Justice Taney would not have been entirely breaking ground in his Dred Scott opinion when he pronounced the Missouri Compromise unconstitutional because, among other reasons, an " act of Congress that deprived a citizen of his liberty or property merely because he came himself or brought his property into a particular territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.

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