Q: What is Substantive Due Process?

A: Substantive due process is the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference.

A: Substantive Due Process is a legal concept that is rooted in the United States Constitution's guarantee of due process of law. Essentially, it means that certain fundamental rights and freedoms are protected from interference by the government, even if the government follows proper legal procedures.

The idea of Substantive Due Process emerged in the 19th century as a way to ensure that the government did not infringe upon individual rights in the course of carrying out its duties. This principle has been applied to a wide range of legal issues, from property rights to freedom of speech and religion, and has played a crucial role in shaping American jurisprudence.

In essence, Substantive Due Process serves as a check against government overreach and abuse of power. By ensuring that individuals have the right to certain basic liberties and protections, even in the face of government action, it helps to ensure that our democracy remains true to its founding principles of freedom and equality.

While there is ongoing debate and discussion over the specifics of Substantive Due Process and its application in different legal contexts, it remains a crucial principle in American law and a cornerstone of our system of government.