Constitutional History and Cases

Substantive Due Process Practice Questions

19 free Substantive Due Process practice questions for the US History, each with the correct answer and a detailed explanation. Open any question below, or take the full set as an interactive quiz.

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19 questions
  1. Q1. Which clause of the Fourteenth Amendment is most closely associated with the doctrine of substantive due process?
  2. Q2. What is the central idea behind substantive due process?
  3. Q3. Why was the Fourteenth Amendment especially important after the Civil War?
  4. Q4. Which Supreme Court case is commonly associated with the early use of substantive due process to protect economic liberty?
  5. Q5. What did the Supreme Court strike down in Lochner v. New York?
  6. Q6. The term 'Lochner era' usually refers to a period when the Supreme Court was likely to do what?
  7. Q7. Which case signaled a major retreat from Lochner-style protection of economic liberty?
  8. Q8. What kind of review do courts generally use today for ordinary economic regulations challenged under substantive due process?
  9. Q9. Which case recognized a constitutional privacy right involving married couples' use of contraception?
  10. Q10. Which case extended constitutional protection for contraception access to unmarried individuals?
  11. Q11. Which Supreme Court case held that bans on interracial marriage violated the Fourteenth Amendment?
  12. Q12. Which right has the Supreme Court treated as a fundamental liberty under substantive due process in cases such as Loving v. Virginia and Obergefell v. Hodges?
  13. Q13. Which case recognized a constitutional right to same-sex marriage under the Fourteenth Amendment?
  14. Q14. Which case invalidated laws criminalizing private consensual same-sex intimacy?
  15. Q15. Which case originally recognized a constitutional right to abortion under the Fourteenth Amendment?
  16. Q16. Which 1992 case reaffirmed the core holding of Roe v. Wade while replacing the trimester framework with the undue burden standard?
  17. Q17. Which 2022 Supreme Court case overruled Roe v. Wade and Planned Parenthood v. Casey?
  18. Q18. When courts decide whether an unlisted right is fundamental under substantive due process, what historical inquiry have they often used?
  19. Q19. Why is substantive due process controversial in American constitutional history?