What is substantive due process?
The substance and the meaning of what the government does must be fair.
The courts must substantively approve all new laws before they take effect
The government must be fair to all races, sexes, and ages.
The government must substantively explain its actions.
Substantive due process is a legal doctrine that is derived from the Due Process Clause of the Fourteenth Amendment to the United States Constitution. It is concerned with the substance or content of the laws, regulations, or actions of the government. This doctrine ensures that the government's actions and laws are fair, just, and reasonable, rather than arbitrary, capricious, or lacking in any legitimate purpose.
Substantive due process protects individuals' fundamental rights and liberties from unjustified government interference. These rights and liberties can include but are not limited to freedom of speech, religion, privacy, and the right to personal autonomy. The government cannot infringe upon these rights or pass laws that unreasonably restrict them without a legitimate and compelling reason.
In order to survive scrutiny under substantive due process, laws or government actions must pass a test known as strict scrutiny. This test requires that the government's action is necessary to achieve a compelling government interest and is narrowly tailored to achieve that interest. In other words, the government's actions must have a legitimate purpose and should not unnecessarily infringe upon individual rights.
Overall, substantive due process ensures that the government's actions and laws are fair and just, protecting individuals' fundamental rights and liberties from unnecessary and arbitrary government interference.