Substantive Due Process

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Pages: 1

The Due Process Clause provides four basic areas of protection. However, this paper focuses on two of the four: substantive due process and procedural due process. According to our lectures, Substantive Due Process deals with rights that are related to “life, liberty, or property.” Substantive due process refers to limit on what government can regulate. When discussing substantive due process rights, the following are applicable: the rights contained in the first eight amendments to the Constitution, the rights that affect people’s ability to participate in the political process, including the rights to free speech, freedom of association, and voting and the rights of minorities (negative rights). When a substantive due process case is presented