What is the central idea behind substantive due process?
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Correct answer: Certain rights are protected from government interference regardless of procedure
Substantive due process protects certain fundamental liberties against government action. This protection applies even when the government follows proper legal procedures.
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More Substantive Due Process questions
- Why was the Fourteenth Amendment especially important after the Civil War?
- Which Supreme Court case is commonly associated with the early use of substantive due process to protect economic liberty?
- What did the Supreme Court strike down in Lochner v. New York?
- The term 'Lochner era' usually refers to a period when the Supreme Court was likely to do what?
- Which case signaled a major retreat from Lochner-style protection of economic liberty?
- What kind of review do courts generally use today for ordinary economic regulations challenged under substantive due process?