Substantive Due Process Flashcards, test questions and answers

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What is Substantive Due Process?

Substantive due process is a term used to refer to the legal doctrine that the fundamental liberties guaranteed by the Due Process Clause of the United States Constitution can only be subject to governmental interference if there is a legitimate government interest. This doctrine is based on the idea that some rights are so fundamental that they should not be taken away without meeting a high standard of review.The concept of substantive due process first appeared in U.S. Supreme Court decisions in the late 19th century, when justices began recognizing certain rights as fundamental and beyond government power unless there was a compelling state interest at stake. In 1905, Justice Oliver Wendell Holmes wrote for a five-member majority in Lochner v. New York (198 U.S. 45), finding unconstitutional New York’s laws limiting bakers’ working hours for health reasons because it violated their fundamental right to liberty and contract under substantive due process principles. The Lochner decision established an expansive interpretation of what constituted liberty but was later overturned by subsequent Supreme Court cases such as West Coast Hotel Co. v Parrish (300 U.S 371). In modern times, substantive due process has been applied by courts to recognize and protect additional fundamental rights such as privacy, marriage, reproductive choice, association and other activities which fall under what has been called liberty interests by constitutional scholars such as Laurence Tribe and Ronald Dworkin respectively.