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Substantive Due Process

Substantive Due Process

Learn about the requirements of substantive due process, namely that the government act fairly, reasonably, and for a legitimate purpose, as well as the applicable standards of review and the substantive due process protections for certain fundamental rights.


Welcome to the lesson on substantive due process under the Fourteenth Amendment. In our last video, we talked about the requirements of procedural due process that must be satisfied under the Due Process Clause of the Fourteenth Amendment. In this clip, we'll be exploring the requirements of substantive due process.

I. Procedural v. substantive

Remember, substantive due process asks whether what the government is doing is fair, reasonable, and aimed at the achievement of a legitimate...