What is substantive due process?
Substantive due process is a legal concept that refers to the principle that certain fundamental rights are protected by the Constitution and cannot be infringed upon by the government without a justifiable reason. It is derived from the Due Process Clause of the Fourteenth Amendment, which states that no state shall deprive any person of life, liberty, or property without due process of law.
Substantive due process ensures that laws and government actions do not violate fundamental rights, even if they follow the correct legal process. It protects individual liberties such as freedom of speech, religion, privacy, and the right to personal autonomy. The concept has been applied to various legal issues, including reproductive rights, same-sex marriage, and the right to refuse medical treatment.
Courts use a balancing test to determine whether a government action or law violates substantive due process. They weigh the importance of the individual right against the government's interest in infringing upon the right, considering factors such as the legitimacy of the government's interest, the degree of intrusion on the individual right, and the availability of alternative means to achieve the government's objective.
Overall, substantive due process plays a crucial role in safeguarding individual rights and limiting the power of the government to infringe upon those rights.