{"id":10549,"date":"2017-12-10T06:43:31","date_gmt":"2017-12-10T06:43:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10549"},"modified":"2017-12-10T07:31:15","modified_gmt":"2017-12-10T07:31:15","slug":"substantive-due-process","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10549","title":{"rendered":"Substantive Due Process – the doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective, and the freedom from arbitrary or capricious in making, interpreting, or enforcing the law"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from\u00a0Intro to Law<\/a> >>\u00a0 Legal Precepts Adopted into U.S. Law (from Europe) through the Constitution<\/a> >> Roman “Civil Republic” State Law<\/a> >> State Law Consists of Two Parts<\/a> >> Adjective Law<\/a> >> Procedure<\/a> >> Process<\/a> >> Due Process of Law<\/a> >> Various Forms of Due Process<\/a>:<\/span><\/strong><\/p>\n

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substantive due process<\/span>:<\/span>
\n<\/strong>(1933)<\/span><\/p>\n

1. The doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective. <\/strong>[1]<\/span><\/p>\n

1. Freedom from arbitrary action coupled with the equal operation of the laws.\u00a0 16 Am J2d Const L \u00a7 550<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A right grounded in the Fifth Amendment and the Fourteenth Amendments.\u00a0 The very essence of those amendments, as they relate to substantive due process, is the concept that the government may not act arbitrarily or capriciously in making, interpreting, or enforcing the law.\u00a0 A person is entitled to both substantive due process and procedural due process<\/a>.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Christopher Wolfe’s\u00a0The Rise Of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law<\/em><\/a>\u00a0(1986):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe doctrine of<\/span> substantive<\/a> due process is so called because the inquiry focuses not on the<\/span> legal procedure<\/a> by which one is convicted and punished (deprived of life, liberty, or property) for violating the law, but rather on the law itself and whether a person may legitimately be required to obey such a law.\u00a0 One typical formulation of this doctrine is that it forbids government to deprive a person of life, liberty, or property \u2018arbitrarily,\u2019 that is, without sufficient grounds to do so.\u00a0 The origins of substantive due process are embedded in two phenomena of the traditional era.\u00a0 First, there was a strand of judicial review \u2014 based not on the Constitution, but on principles of natural justice; this . . . was a minority position and a deviation from the main principles of the era.\u00a0 Second, there were a number of cases, primarily in state courts, that were rooted in an analysis of the intrinsic requirements of \u2018law.\u2019\u00a0\u00a0 These two phenomena were united especially in their orientation toward property rights.<\/span>\u201d <\/strong>[4]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/em> Tenth<\/b><\/span><\/em> Edition<\/b><\/span><\/em><\/a>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/em> Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Legal<\/b><\/span><\/em> Assistant<\/b><\/span><\/em> Edition<\/b><\/span><\/em><\/a>\u00a0<\/span><\/em>by<\/b><\/span><\/strong> Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]:\u00a0Christopher Wolfe, The Rise Of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law<\/em><\/a> 145 (1986).<\/strong><\/span><\/p>\n

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