Constitutional Law
Substantive Due Process
Definition
Substantive due process protects fundamental rights from government interference, even when fair procedures are provided. It asks whether the government has an adequate justification for depriving a person of life, liberty, or property. Laws that burden fundamental rights (such as privacy, marriage, and family autonomy) are subject to strict scrutiny, while those affecting non-fundamental liberty interests receive rational basis review. The doctrine has been used to protect unenumerated rights not explicitly listed in the Constitution.
Example
A state law criminalizes private, consensual intimate conduct between adults. This burdens a fundamental liberty interest and may violate substantive due process.