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

Question

It allows for the taking of property by the government and being provided compensation.
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 focuses on the procedural process that must be followed in the legal system.

Answer 1

The correct response is: Substantive due process centers on the idea of fairness limiting the power of the government.

Substantive due process is a constitutional doctrine that protects certain fundamental rights from government interference. It goes beyond the procedures that must be followed (which is the focus of procedural due process) and instead evaluates whether the government's actions or laws are just, fair, or reasonable, particularly in relation to individual liberties such as the right to marry, privacy rights, and parental rights. This concept is rooted in the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, emphasizing that certain rights are so fundamental that the government must have a compelling interest to infringe upon them.