Substantive Due Process

Question 1

Substantive Due Process

Substantive Due Process

Answer 1

Involves the determination of whether the government has adequate reasons for depriving life, liberty, or property

• Encompasses both fundamental (SS) and non-fundamental (RBR) rights

Question 2

Substantive Due Process

Substantive Due Process: Differences between SDP and EP

Answer 2

• SDP usually involves laws affecting rights of all persons to engage in some conduct or activity
• EP usually involves laws treating certain people or classes of people differently than others, often based on some trait