Here begins the true substantive due process analysis. Courts have split substantive due process cases into two categories: those involving fundamental rights and those involving non-fundamental rights. The standard of scrutiny is different for each category, but the essential analytical method is the same. Fundamental Rights
Substantive Due Process. The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.
Constitutional Law Review. Substantive Due Process Substantive Due Process • Some liberties (i.e., rights rather than privileges) not mentioned in the Constitution but 1 identified by the court are considered so fundamental to the idea of liberty that their invasion by government is presumed to be void and can be sustained only if the government justifies the invasion under heightened scrutiny.
West Coast Hotel precipitated the onset of modern substantive due process analysis. Modern Analysis. Since 1937 the Court has employed a two-tiered analysis of substantive due process claims. Under the first tier, legislation concerning economic affairs, employment relations, and other business matters is subject to minimal judicial scrutiny ...
This economic regulation in a non-fundamental area of life will be subjected to the rational basis test and most likely will pass substantive due process analysis. In addition to the lesser degree of scrutiny involved in non-fundamental due process cases, the burden of proof is not on the government when such regulations are at issue.
Indeed, the Seventh Circuit admits that any orderly approach deteriorates within substantive due process. Upon closer inspection it appears the Seventh Circuit, claiming to analyze prolonged detention under substantive due process, actually used a mixture of procedural and substantive due process analysis.
decisions, however, the Supreme Court recognized a substantive element to the due process clause.3 This substantive due process analysis is "the judicial practice of constitutionalizing values that cannot fairly be inferred from the constitutional text, the structure of government ordained by the Constitu-
Therefore, it should be kept in mind that the analysis of Substantive Due Process and the various implied fundamental rights are the same whether infringed by a state government or the federal government. However, technically, when such a right is infringed upon by the federal government, protection is afforded by the 5th Amendment.
In United States constitutional law, substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution.
Substantive Due Process: Generally where the law limits the liberty of all persons to engage in some activity, it is a due process question.-----Brought to you by - The 'Lectric Law Library. The Net's Finest Legal Resource For Legal Pros & Laypeople Alike. https://www.lectlaw.com.