Analyzing a Substantive Due-Process Claim
Part of the Constitutional Law For Dummies Cheat Sheet
Substantive due process involves whether the government has a legitimate basis for taking away a person’s right to life, liberty, or property. The basic question is, Wait — does the government have a right to do this at all?
In substantive due-process cases, the courts use a baseline rationality test that considers: (1) Is the government’s interest legitimate? and (2) Is the government’s action a means to a legitimate end?