Aware of this, the courts have also hesitated to adopt their own specific description of due process lest

they confine themselves in

a legal straitjacket that will deprive them of the elbow room they may need to vary the meaning of the clause whenever indicated.
Instead, they have preferred to leave the import of the protection open-ended, as it were, to be "gradually ascertained by the
process of inclusion and exclusion in the course of the decision of cases as they arise." 11 Thus, Justice Felix Frankfurter of the
U.S. Supreme Court, for example, would go no farther than to define due process and in so doing sums it all up as nothing
more and nothing less than "the embodiment of the sporting Idea of fair play." 12