Analyze the meaning of substantive due process. (1 point)

• It focuses on the procedural process that must be followed in the legal system.
Substantive due process is a group determined by the court to have been discriminated against in the past.
• Substantive due process centers on the idea of fairness limiting the power of the government.
• It allows for the taking of property by the government and being provided compensation.

1 answer

Substantive due process is a constitutional doctrine that enhances the concept of due process by focusing not only on the procedures that must be followed in legal proceedings (procedural due process) but also on the fundamental rights and liberties that individuals possess.

The correct interpretation from the options provided is: Substantive due process centers on the idea of fairness limiting the power of the government.

This concept asserts that certain rights are so fundamental that the government must have a compelling reason to infringe upon them. Substantive due process thus serves to protect individual liberties from government interference, ensuring that laws and regulations promote justice and do not violate basic rights, like the right to privacy or the right to marry.

The other options mentioned either misrepresent substantive due process or do not capture its essence. Specifically:

  • It does not focus solely on the procedural processes; that would pertain more to procedural due process.
  • It is not solely about groups that have faced discrimination, even though it can protect such groups by safeguarding their rights.
  • While it does touch on property rights and compensation, it encompasses a broader range of fundamental rights beyond just property.

In summary, substantive due process is about protecting fundamental rights against arbitrary government action, reinforcing the principle of fairness in the exercise of governmental power.