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Substantive due process is the principle that the Fifth and Fourteenth Amendments of the U.S. Constitution protect fundamental rights from government interference.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Substantive due process is the idea that the U.S. Constitution protects certain fundamental rights, even though they are not explicitly mentioned, through the due process clauses of the 5th and 14th amendments.
Substantive Due Process. The Court has also deemed the due process guarantees of the Fifth and Fourteenth Amendments to protect certain substantive rights that are not listed (or “enumerated”) in the Constitution.
The Fifth Amendment’s Due Process Clause protects individuals from federal government interference. For more about the substantive due process under the Fifth Amendment see Amdt5.7.1 Overview of Substantive Due Process Requirements. 2
Substantive due process has generally dealt with specific subject areas, such as liberty of contract, marriage, or privacy. The judicial notion of substantive due process developed early in U.S. history.
The substantive due process doctrine differentiates between what are known as procedural and substantive rights. Procedural rights address the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers).