Substantive Due Process
Definition
Substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present.
Analogy
Think of substantive due process as a shield. Even if the government follows all the correct procedures (arrows), this shield protects your fundamental rights (you) from being infringed upon.
Related terms
Incorporation Doctrine: The legal principle that the Bill of Rights applies to state governments, not just the federal government.
Roe v. Wade (1973): Landmark Supreme Court case that used substantive due process to protect a woman's right to have an abortion.
Privacy Rights: The rights and freedoms associated with personal privacy, often protected under substantive due process.
"Substantive Due Process" appears in:
Practice Questions (4)
How does substantive due process differ from procedural due process?
Give an example of a case that established the principle of substantive due process.
How does substantive due process protect fundamental rights?
How does procedural due process differ from substantive due process under the U.S Constitution?
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