TB, another thing to consider (and which is usually never considered) is original intent. What did the drafters and ratifiers of a Constitutional provision or a statutory one mean by the words they drafted and ratified. In its opinions SCOTUS raely anymore refres to original intent. Certainly, the original intent of the drafters ansd ratifiers of the 13th amendment was not to prohibit compelled military srevice through a draft or elements of imprisonment. But your due process reference is also essential to an understanding of legal actions. Due process also receives little attention.