Substantive Due Process

Definition

Substantive due process is a constitutional doctrine that protects certain fundamental rights from government interference, ensuring that laws do not infringe on basic liberties. This concept is rooted in the Fourteenth Amendment, which guarantees that no state shall deprive any person of life, liberty, or property without due process of law. It emphasizes the importance of fairness in governmental actions and seeks to protect individual rights against arbitrary state actions.

5 Must Know Facts For Your Next Test

1. Substantive due process emerged as a legal principle in the early 20th century, with significant cases such as Lochner v. New York (1905) highlighting its importance.
2. The doctrine has been used to protect various rights, including privacy rights, reproductive rights, and the right to marry.
3. In recent years, substantive due process has been a key argument in landmark Supreme Court cases involving same-sex marriage and abortion rights.
4. Courts often apply a strict scrutiny standard when reviewing laws that infringe upon fundamental rights under substantive due process.
5. Substantive due process is distinct from procedural due process, which focuses on how laws are applied rather than what those laws entail.

Review Questions

• How does substantive due process differ from procedural due process in terms of individual rights protection?
  • Substantive due process focuses on the protection of certain fundamental rights from government interference, ensuring that laws themselves do not violate these rights. In contrast, procedural due process is concerned with the fairness of the processes by which laws are applied, ensuring individuals have fair procedures before being deprived of their life, liberty, or property. Both doctrines work together to safeguard individual liberties, but they address different aspects of legal protections.
• Discuss the significance of the Fourteenth Amendment in shaping the doctrine of substantive due process and its implications for individual rights.
  • The Fourteenth Amendment plays a crucial role in establishing substantive due process by prohibiting states from denying any person their fundamental rights without due process of law. This amendment serves as a foundation for numerous Supreme Court rulings that have expanded individual liberties over time. The implications are significant as it allows courts to evaluate laws based on their impact on fundamental rights, which has led to landmark decisions that protect privacy, reproductive freedom, and equality under the law.
• Evaluate the impact of substantive due process on contemporary legal issues regarding individual rights and government regulation.
  • Substantive due process has significantly influenced contemporary legal debates surrounding individual rights, particularly in areas like reproductive rights and same-sex marriage. By allowing courts to strike down laws that infringe upon fundamental freedoms, it creates a framework for challenging government regulations deemed overly restrictive. This impact is evident in recent Supreme Court cases where substantive due process has been pivotal in affirming personal liberties against state actions, thus shaping public policy and societal norms regarding individual rights.

Related terms

Procedural Due Process: A legal doctrine that ensures individuals receive fair procedures before being deprived of life, liberty, or property.

Fundamental Rights: Rights that are considered essential to the order and liberty of a democratic society, often protected under substantive due process.

Fourteenth Amendment:

An amendment to the U.S. Constitution that, among other things, establishes the principle of due process and equal protection under the law.