Why is substantive due process controversial in American constitutional history?
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Correct answer: It lets courts protect unenumerated rights, raising judicial-power debates
Substantive due process is controversial because it can protect unenumerated rights not expressly listed in the Constitution. Supporters see it as a safeguard for fundamental liberty, while critics argue it gives judges too much power to define rights.
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More Substantive Due Process questions
- Which clause of the Fourteenth Amendment is most closely associated with the doctrine of substantive due process?
- What is the central idea behind substantive due process?
- 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?