What is substantive due process?

Responses

The government must substantively explain its actions.
The government must substantively explain its actions.

The courts must substantively approve all new laws before they take effect.
The courts must substantively approve all new laws before they take effect.

The substance and the meaning of what the government does must be fair
The substance and the meaning of what the government does must be fair

The government must be fair to all races, sexes, and ages.
The government must be fair to all races, sexes, and ages.

Substantive due process refers to the concept that the government must act fairly and justly in its own actions and policies, particularly in how it impacts individuals' fundamental rights and liberties. This includes protections against arbitrary or discriminatory actions by the government, as well as ensuring that laws and policies are clear and consistent in their treatment of individuals. The court often plays a role in interpreting substantive due process and determining what actions or policies are fair and lawful.